Genet Mineral Processing (Pty) Ltd v CCMA and Others (JR1701/2017) [2017] ZALCJHB 227 (22 March 2017)

Genet Mineral Processing (Pty) Ltd v CCMA and Others (JR1701/2017) [2017] ZALCJHB 227 (22 March 2017)

The court held that the employee was dismissed for alleged misconduct on the 18th and 27th of April 2015, but the evidence established that no misconduct occurred on those dates. The arbitrator correctly limited his inquiry to the reasons for dismissal as presented by the employer and found that the employee did not commit the misconduct for which he was dismissed. The employer cannot retrospectively justify dismissal based on other dates or different misconduct. The arbitrator's decision to reinstate the employee was reasonable and in line with section 193(1) of the LRA. The review application was dismissed as the award was not unreasonable, and no costs order was made due to the ongoing...

Citation
[2017] ZALCJHB 227
Parties
Applicant: Genet Mineral Processing (Pty) Ltd; Respondent: CCMA; Respondent: Mokabane N.O.; Respondent: ESWUSA obo Magagula
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2017
Case Number
JR1701/2017
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; arbitration award upheld.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Reinstatement, Review of Arbitration Award, Gross Negligence, Disciplinary Procedure
Labour Law Unfair Dismissal Reinstatement Review of Arbitration Award Gross Negligence Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Genet Mineral Processing (Pty) Ltd

Applicant

CCMA

Respondent

Mokabane N.O.

Respondent

ESWUSA obo Magagula

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the CCMA should be reviewed and set aside.
  2. 2 Whether the employee was dismissed for misconduct that was properly established.
  3. 3 Whether reinstatement was the appropriate remedy given the arbitrator's findings.

Ratio Decidendi

The court held that the employee was dismissed for alleged misconduct on the 18th and 27th of April 2015, but the evidence established that no misconduct occurred on those dates. The arbitrator correctly limited his inquiry to the reasons for dismissal as presented by the employer and found that the employee did not commit the misconduct for which he was dismissed. The employer cannot retrospectively justify dismissal based on other dates or different misconduct. The arbitrator's decision to reinstate the employee was reasonable and in line with section 193(1) of the LRA. The review application was dismissed as the award was not unreasonable, and no costs order was made due to the ongoing...

Court Disposition

Application for review dismissed; arbitration award upheld.

Orders

  • The application for review is dismissed.
  • No order as to costs.