Group 6 Security Services (Pty) Ltd and Another v Moletsane NO and Others (LJR328/01) [2005] ZALC 31; [2005] 11 BLLR 1072 (LC); (2005) 26 ILJ 1693 (LC) (21 July 2005)

Group 6 Security Services (Pty) Ltd and Another v Moletsane NO and Others (LJR328/01) [2005] ZALC 31; [2005] 11 BLLR 1072 (LC); (2005) 26 ILJ 1693 (LC) (21 July 2005)

The Labour Court held that the findings on the date of dismissal and the procedural and substantive unfairness were rational and not reviewable, as conceded by the applicants. The award of compensation was not reviewable because, where a dismissal is both procedurally and substantively unfair, the court or arbitrator is not entitled to exercise discretion against awarding compensation. The punitive costs order was irrational and set aside, as there was no finding that the applicants acted frivolously or vexatiously. The order for payment of CCMA arbitration fees was upheld, as the commissioner has discretion to charge such fees when a dismissal is procedurally unfair. The order holding...

Citation
[2005] ZALC 31
Parties
Applicant: Group 6 Security Services (Pty) Ltd; Applicant: Andrew Masters; Respondent: Moletsane, R.N.O; Respondent: The Commission for Conciliation, Mediation & Arbitration; Respondent: Weller Dean
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
21 July 2005
Case Number
JR328/01
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
The review application succeeded in part and failed in part. The award was reviewed and corrected: compensation and CCMA fees orders stand; punitive costs and joint liability of the second applicant are set aside.
Judges
Ngcamu
Legal Topics
Unfair Dismissal, Compensation Award, Costs Award, Piercing Corporate Veil, Joinder of Parties
Labour Law Civil Procedure Unfair Dismissal Compensation Award Costs Award Piercing Corporate Veil Joinder of Parties

Case Brief

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Parties

Group 6 Security Services (Pty) Ltd

Applicant

Andrew Masters

Applicant

Moletsane, R.N.O

Respondent

The Commission for Conciliation, Mediation & Arbitration

Respondent

Weller Dean

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award regarding the date and fairness of dismissal is reviewable.
  2. 2 Whether the award of compensation to the employee is reviewable.
  3. 3 Whether the punitive costs order against the applicants is reviewable.

Ratio Decidendi

The Labour Court held that the findings on the date of dismissal and the procedural and substantive unfairness were rational and not reviewable, as conceded by the applicants. The award of compensation was not reviewable because, where a dismissal is both procedurally and substantively unfair, the court or arbitrator is not entitled to exercise discretion against awarding compensation. The punitive costs order was irrational and set aside, as there was no finding that the applicants acted frivolously or vexatiously. The order for payment of CCMA arbitration fees was upheld, as the commissioner has discretion to charge such fees when a dismissal is procedurally unfair. The order holding...

Court Disposition

The review application succeeded in part and failed in part. The award was reviewed and corrected: compensation and CCMA fees orders stand; punitive costs and joint liability of the second applicant are set aside.

Orders

  • The dismissal of the applicant on 27 August 1999 was procedurally and substantively unfair.
  • Group 6 Security Services (Pty) Ltd is ordered to pay the applicant compensation equivalent to twelve months' remuneration in the amount of R273,239.04, calculated at the employee's rate of remuneration on the date of dismissal.