Grindrod Logistics (Pty) Ltd v SATAWU obo Kgwele and Others (JA53/16) [2017] ZALAC 60; (2018) 39 ILJ 144 (LAC) (18 October 2017)

Grindrod Logistics (Pty) Ltd v SATAWU obo Kgwele and Others (JA53/16) [2017] ZALAC 60; (2018) 39 ILJ 144 (LAC) (18 October 2017)

The Labour Appeal Court found that the Labour Court erred in concluding that the commissioner was biased, as the union and Mr Kgwele failed to discharge the burden of proving a reasonable apprehension of bias. The commissioner’s conduct in adjourning the proceedings and posing questions to Mr Kgwele did not amount...

Source-derived case information.

Citation
[2017] ZALAC 60
Parties
Appellant: Grindrod Logistics (Pty) Ltd; Respondent: SATAWU obo Kgwele; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner R Maodi N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 October 2017
Case Number
JA53/16
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal dismissed. The dismissal of Mr Kgwele was substantively unfair. The order of reinstatement with a final written warning is upheld.
Judges
Landman, Kathree-Setiloane, Phatshoane
Legal Topics
Unfair Dismissal, Consistency in Discipline, Arbitration Review, Procedural Fairness, Bias in Arbitration, Negligence
Labour Law Civil Procedure Unfair Dismissal Consistency in Discipline Arbitration Review Procedural Fairness Bias in Arbitration Negligence

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Summary, issues, holding and outcome

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Parties

Grindrod Logistics (Pty) Ltd

Appellant

SATAWU obo Kgwele

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner R Maodi N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether the commissioner exhibited bias in the conduct of the arbitration proceedings.
  2. 2 Whether Grindrod discharged the onus of proving the existence and breach of a workplace rule prohibiting driving on gravel roads.
  3. 3 Whether Grindrod was consistent in the application of discipline for similar misconduct.

Ratio Decidendi

The Labour Appeal Court found that the Labour Court erred in concluding that the commissioner was biased, as the union and Mr Kgwele failed to discharge the burden of proving a reasonable apprehension of bias. The commissioner’s conduct in adjourning the proceedings and posing questions to Mr Kgwele did not amount to advancing Grindrod’s case unfairly. On the substantive merits, the evidence established that Mr Kgwele was aware of the workplace rule prohibiting driving on gravel roads, and his actions in driving on a gravel road and attempting to cross a drift with a loaded carrier truck constituted negligence. However, Grindrod failed to demonstrate consistency in the application of...

Court Disposition

Appeal dismissed. The dismissal of Mr Kgwele was substantively unfair. The order of reinstatement with a final written warning is upheld.

Orders

  • The appeal is dismissed with no order as to costs.
  • The dismissal of Mr Kgwele is declared substantively unfair.