Foschini Group v Maidi and Others (JA 12/08) [2010] ZALAC 5; (2010) 31 ILJ 1787 (LAC) ; [2010] 7 BLLR 689 (LAC) (25 March 2010)

Foschini Group v Maidi and Others (JA 12/08) [2010] ZALAC 5; (2010) 31 ILJ 1787 (LAC) ; [2010] 7 BLLR 689 (LAC) (25 March 2010)

The Labour Appeal Court found that the arbitrator's decision was reasonable and supported by thorough investigation and reliable documentary evidence. The arbitrator was entitled to rely on hearsay and electronic records, given the nature of arbitration and the reliability of the evidence presented. The respondents failed to provide a credible explanation for the massive stock losses and did not participate in the disciplinary enquiry, despite being given the opportunity. The principle of team misconduct applied, justifying the dismissal of all store employees who collectively failed to safeguard company assets. The Labour Court erred in setting aside the arbitration award, as the...

Citation
[2010] ZALAC 5
Parties
Appellant: The Foschini Group; Respondent: Maidi Mabel & 4 Others; Respondent: Eric Louw; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 March 2010
Case Number
JA 12/08
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment in Review Proceedings
Outcome
Appeal upheld; review application dismissed; arbitration award reinstated.
Judges
E Revelas, DM Davis, AN Jappie
Legal Topics
Unfair Dismissal, Team Misconduct, Procedural Fairness, Collective Accountability, Hearsay Evidence, Disciplinary Enquiry
Labour Law Civil Procedure Unfair Dismissal Team Misconduct Procedural Fairness Collective Accountability Hearsay Evidence Disciplinary Enquiry

Case Brief

Summary, issues, holding and outcome

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Parties

The Foschini Group

Appellant

Maidi Mabel & 4 Others

Respondent

Eric Louw

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment in Review Proceedings

Legal Issues

  1. 1 Whether the dismissals of the respondents were substantively and procedurally fair.
  2. 2 Whether the arbitrator's reliance on hearsay evidence and documentary evidence was permissible.
  3. 3 Whether the principle of team misconduct justified the dismissal of all store employees.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator's decision was reasonable and supported by thorough investigation and reliable documentary evidence. The arbitrator was entitled to rely on hearsay and electronic records, given the nature of arbitration and the reliability of the evidence presented. The respondents failed to provide a credible explanation for the massive stock losses and did not participate in the disciplinary enquiry, despite being given the opportunity. The principle of team misconduct applied, justifying the dismissal of all store employees who collectively failed to safeguard company assets. The Labour Court erred in setting aside the arbitration award, as the...

Court Disposition

Appeal upheld; review application dismissed; arbitration award reinstated.

Orders

  • The order of the Labour Court dated 30 August 2006 is set aside.
  • The application for review is dismissed.