Grey v Education Labour Relations Council and Others (CA12/2014) [2015] ZALAC 50; [2015] 1 BLLR 50 (LAC); (2015) 36 ILJ 2802 (LAC) (23 October 2015)

Grey v Education Labour Relations Council and Others (CA12/2014) [2015] ZALAC 50; [2015] 1 BLLR 50 (LAC); (2015) 36 ILJ 2802 (LAC) (23 October 2015)

The Labour Appeal Court found that the arbitrator had properly assessed the evidence, including the learner's credible testimony and contemporaneous diary entries, and that his findings were reasonable. The appellant's attempts to influence the learner and undermine her credibility were rejected. The arbitrator did not commit any reviewable irregularity, nor did he misconceive the nature of the enquiry. The dismissal was substantively fair under s17(1)(c) of the Employment of Educators Act, and the Labour Court correctly upheld the arbitration award. The appeal was dismissed with costs.

Citation
[2015] ZALAC 50
Parties
Appellant: George Alexander Grey; Respondent: Education Labour Relations Council; Respondent: P J Williams N.O.; Respondent: Department of Education (Western Cape)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
23 October 2015
Case Number
CA12/2014
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Confirming Arbitration Award
Outcome
Appeal dismissed with costs.
Judges
Waglay JP, Coppin JA, Savage AJA
Legal Topics
Employment of Educators Act, Unfair Dismissal, Sexual Misconduct, Arbitration Review, Procedural Fairness
Labour Law Employment of Educators Act Unfair Dismissal Sexual Misconduct Arbitration Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

George Alexander Grey

Appellant

Education Labour Relations Council

Respondent

P J Williams N.O.

Respondent

Department of Education (Western Cape)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Confirming Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed reviewable irregularities in finding that the appellant had a sexual relationship with a learner.
  2. 2 Whether the dismissal of the appellant was substantively and procedurally fair under the Employment of Educators Act.
  3. 3 Whether the Labour Court erred in upholding the arbitration award.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator had properly assessed the evidence, including the learner's credible testimony and contemporaneous diary entries, and that his findings were reasonable. The appellant's attempts to influence the learner and undermine her credibility were rejected. The arbitrator did not commit any reviewable irregularity, nor did he misconceive the nature of the enquiry. The dismissal was substantively fair under s17(1)(c) of the Employment of Educators Act, and the Labour Court correctly upheld the arbitration award. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.