G4S Secure Solutions (SA) (Pty) Ltd v Commissioner Ruggiero NO and Others (C389/2011) [2014] ZALCCT 35 (10 July 2014)

G4S Secure Solutions (SA) (Pty) Ltd v Commissioner Ruggiero NO and Others (C389/2011) [2014] ZALCCT 35 (10 July 2014)

The court found that the arbitrator's conclusion that Ntloko was unaware of his criminal convictions and thus did not misrepresent his criminal record was not reasonably justified on the evidence. Ntloko admitted in a disciplinary statement that he had appeared in court and had a fine imposed, contradicting his arbitration testimony. The arbitrator's finding was set aside and substituted with a finding of guilt for failing to disclose his criminal convictions. However, the evidence showed that the employer's principal concern was compliance with the Private Security Industry Regulation Act, not trust issues arising from dishonesty. Since Ntloko's last conviction predated the relevant...

Citation
[2014] ZALCCT 35
Parties
Applicant: G4S Secure Solutions (SA) (Pty) Ltd; Respondent: Commissioner Anthony Ruggiero (N.O.); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Thandabantu Ntloko
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 July 2014
Case Number
C389/2011
Procedural Posture
Review Application / Judgment After Review of Arbitration Award
Outcome
The review application succeeded in part; the arbitrator's finding was set aside and substituted with a finding of guilt for misrepresentation. Relief was substituted with reinstatement and payment of arrear remuneration.
Judges
R Lagrange
Legal Topics
Condonation of Late Filing, Misrepresentation, Dishonesty in Employment, Private Security Industry Regulation Act, Unfair Dismissal
Labour Law Civil Procedure Condonation of Late Filing Misrepresentation Dishonesty in Employment Private Security Industry Regulation Act Unfair Dismissal

Case Brief

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Parties

G4S Secure Solutions (SA) (Pty) Ltd

Applicant

Commissioner Anthony Ruggiero (N.O.)

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Thandabantu Ntloko

Respondent

Procedural Posture

Review Application / Judgment After Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator reasonably concluded that the employee was unaware of his criminal convictions and thus did not misrepresent his criminal record.
  2. 2 Whether the arbitrator acted ultra vires in ordering reinstatement when compensation was sought.
  3. 3 Whether the arbitrator misconstrued the nature of the enquiry regarding disclosure of criminal convictions by employees.

Ratio Decidendi

The court found that the arbitrator's conclusion that Ntloko was unaware of his criminal convictions and thus did not misrepresent his criminal record was not reasonably justified on the evidence. Ntloko admitted in a disciplinary statement that he had appeared in court and had a fine imposed, contradicting his arbitration testimony. The arbitrator's finding was set aside and substituted with a finding of guilt for failing to disclose his criminal convictions. However, the evidence showed that the employer's principal concern was compliance with the Private Security Industry Regulation Act, not trust issues arising from dishonesty. Since Ntloko's last conviction predated the relevant...

Court Disposition

The review application succeeded in part; the arbitrator's finding was set aside and substituted with a finding of guilt for misrepresentation. Relief was substituted with reinstatement and payment of arrear remuneration.

Orders

  • The applicant's late filing of the review application and the third respondent's late filing of his answering affidavit are condoned.
  • The arbitrator's finding that the third respondent was not guilty of misrepresenting his criminal record is reviewed and set aside and substituted with a finding of guilt.