G4S Secure Solutions SA (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (D 1148/16) [2020] ZALCD 3; (2020) 41 ILJ 1388 (LC) (12 March 2020)

G4S Secure Solutions SA (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (D 1148/16) [2020] ZALCD 3; (2020) 41 ILJ 1388 (LC) (12 March 2020)

The court found that the arbitrator's evaluation of the evidence was manifestly biased and partial. The arbitrator scrutinized only the employer's witnesses, intervened to suggest defences for the employees, and failed to consider the inherent improbabilities and corroborating evidence that the employees knowingly submitted fraudulent medical certificates. The arbitrator ignored material evidence, including admissions by other employees who had bought similar certificates, and did not properly weigh the probabilities. The court held that, had the arbitrator impartially evaluated the evidence, he would have concluded that the employees knew the certificates were not genuine and that their...

Citation
[2020] ZALCD 3
Parties
Applicant: G4S Secure Solutions SA (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Lester Sullivan (N.O.); Respondent: Ernest Zwelisha Ntozakhe; Respondent: Ishmael Mthokozisi Mbambo; Respondent: Hlengiwe Hadebe; Respondent: Lungile Judith Mthembu; Respondent: Nonhlanhla Princess Gumede; Respondent: Siyanda Kowa; Respondent: Future Langa
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 March 2020
Case Number
D 1148/16
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The employees' dismissals are found to be substantively fair.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Misconduct, Review of Arbitration Award, Dishonesty, Evidence Evaluation
Labour Law Civil Procedure Unfair Dismissal Misconduct Review of Arbitration Award Dishonesty Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

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Parties

G4S Secure Solutions SA (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Lester Sullivan (N.O.)

Respondent

Ernest Zwelisha Ntozakhe

Respondent

Ishmael Mthokozisi Mbambo

Respondent

Hlengiwe Hadebe

Respondent

Lungile Judith Mthembu

Respondent

Nonhlanhla Princess Gumede

Respondent

Siyanda Kowa

Respondent

Future Langa

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's evaluation of evidence was partial and led to an unjustifiable conclusion.
  2. 2 Whether the employees knowingly submitted fraudulent medical certificates.
  3. 3 Whether the dismissals of the employees were substantively fair.

Ratio Decidendi

The court found that the arbitrator's evaluation of the evidence was manifestly biased and partial. The arbitrator scrutinized only the employer's witnesses, intervened to suggest defences for the employees, and failed to consider the inherent improbabilities and corroborating evidence that the employees knowingly submitted fraudulent medical certificates. The arbitrator ignored material evidence, including admissions by other employees who had bought similar certificates, and did not properly weigh the probabilities. The court held that, had the arbitrator impartially evaluated the evidence, he would have concluded that the employees knew the certificates were not genuine and that their...

Court Disposition

The arbitration award is reviewed and set aside. The employees' dismissals are found to be substantively fair.

Orders

  • The late filing of the arbitration record and supplementary affidavit is condoned.
  • The arbitration award of the second respondent dated 26 October 2014 under case number KNDB1263-14 is reviewed and set aside.