Freshmark (Pty) Ltd v Matji NO and Others (JR2720/13) [2016] ZALCJHB 477 (20 May 2016)

Freshmark (Pty) Ltd v Matji NO and Others (JR2720/13) [2016] ZALCJHB 477 (20 May 2016)

The court found that the arbitrator committed material irregularities and misdirections in assessing the evidence and applying the consistency principle. The arbitrator relied on hearsay evidence and failed to properly test or compare situations for true similarity. The employee admitted to leaving the vehicle unattended, breaching a known rule, and failed to supervise the offloading of stock, resulting in loss to the employer. The arbitrator's findings on both charges were unreasonable and unsupported by the record. The court held that the dismissal was substantively and procedurally fair, and the arbitration award should be set aside and substituted accordingly.

Citation
[2016] ZALCJHB 477
Parties
Applicant: Freshmark (Pty) Ltd; Respondent: Khomotjo Daniel Matji N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Richard Jazi Nhlapo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 May 2016
Case Number
JR2720/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; substituted with a finding that the dismissal was substantively and procedurally fair; referral dismissed.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Consistency in Discipline, Substantive Fairness, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Consistency in Discipline Substantive Fairness Procedural Fairness

Case Brief

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Parties

Freshmark (Pty) Ltd

Applicant

Khomotjo Daniel Matji N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Richard Jazi Nhlapo

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed reviewable irregularities in assessing evidence and applying the consistency principle.
  2. 2 Whether the dismissal of the employee was substantively and procedurally fair.
  3. 3 Whether the arbitration award should be set aside and substituted.

Ratio Decidendi

The court found that the arbitrator committed material irregularities and misdirections in assessing the evidence and applying the consistency principle. The arbitrator relied on hearsay evidence and failed to properly test or compare situations for true similarity. The employee admitted to leaving the vehicle unattended, breaching a known rule, and failed to supervise the offloading of stock, resulting in loss to the employer. The arbitrator's findings on both charges were unreasonable and unsupported by the record. The court held that the dismissal was substantively and procedurally fair, and the arbitration award should be set aside and substituted accordingly.

Court Disposition

Arbitration award reviewed and set aside; substituted with a finding that the dismissal was substantively and procedurally fair; referral dismissed.

Orders

  • The arbitration award issued by the first respondent under case number GATW 8062-12 on 7 December 2013 is reviewed and set aside.
  • The award is substituted by the following: The applicant's dismissal was substantively and procedurally fair.