Government Printing Works v Mathala NO and Others (JR583/14) [2016] ZALCJHB 358 (31 August 2016)

Government Printing Works v Mathala NO and Others (JR583/14) [2016] ZALCJHB 358 (31 August 2016)

The court found that the arbitrator failed to properly distinguish between Singh's conduct and that of the alleged comparators, Moeketsi and Brits. The evidence showed that Singh had intentionally submitted a forged matric certificate, amounting to fraud and dishonesty, whereas Moeketsi did not submit falsified documents and was demoted when it was discovered he did not possess the required qualification. The arbitrator incorrectly applied the principle of consistency by equating fundamentally different circumstances and accepting unsubstantiated allegations regarding other employees. The arbitrator's reasoning was found to be unreasonable, as he failed to consider the gravity of Singh's...

Citation
[2016] ZALCJHB 358
Parties
Applicant: Government Printing Works; Respondent: Commissioner D Mathala N.O.; Respondent: General Public Services Sectoral Bargaining Council; Respondent: Singh, Leedhur
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 August 2016
Case Number
JR583/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review granted; arbitration award set aside; dismissal of third respondent upheld as substantively fair; costs awarded against third respondent.
Judges
Mosime
Legal Topics
Unfair Dismissal, Consistency in Discipline, Review of Arbitration Award, Dishonesty in Employment, Parity Principle
Labour Law Civil Procedure Unfair Dismissal Consistency in Discipline Review of Arbitration Award Dishonesty in Employment Parity Principle

Case Brief

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Parties

Government Printing Works

Applicant

Commissioner D Mathala N.O.

Respondent

General Public Services Sectoral Bargaining Council

Respondent

Singh, Leedhur

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity or misconduct in finding the dismissal of Singh substantively unfair.
  2. 2 Whether the principle of consistency was correctly applied in comparing Singh's case to those of Moeketsi and Brits.
  3. 3 Whether Singh's dismissal for intentional misrepresentation and fraud was substantively fair.

Ratio Decidendi

The court found that the arbitrator failed to properly distinguish between Singh's conduct and that of the alleged comparators, Moeketsi and Brits. The evidence showed that Singh had intentionally submitted a forged matric certificate, amounting to fraud and dishonesty, whereas Moeketsi did not submit falsified documents and was demoted when it was discovered he did not possess the required qualification. The arbitrator incorrectly applied the principle of consistency by equating fundamentally different circumstances and accepting unsubstantiated allegations regarding other employees. The arbitrator's reasoning was found to be unreasonable, as he failed to consider the gravity of Singh's...

Court Disposition

Application for review granted; arbitration award set aside; dismissal of third respondent upheld as substantively fair; costs awarded against third respondent.

Orders

  • The arbitration award issued under case number GPBC 1230/2013 on 17 December 2013 is reviewed and set aside.
  • The dismissal of the third respondent is declared substantively fair and is upheld.