Gunn v Bidvest Prestige Cleaning Services (Pty) Ltd (JS 830 /2012) [2015] ZALCJHB 166 (28 May 2015)

Gunn v Bidvest Prestige Cleaning Services (Pty) Ltd (JS 830 /2012) [2015] ZALCJHB 166 (28 May 2015)

The Applicant made a disclosure regarding fraudulent claims for hours not worked, which constitutes a protected disclosure under the Protected Disclosures Act. However, the evidence did not establish a causal nexus between the protected disclosure and the Applicant's dismissal. The disciplinary action and subsequent dismissal were instituted for reasons unrelated to the disclosure, specifically dereliction of duty and gross negligence. Applying the two-stage test for causation, the court found that the dismissal would have occurred irrespective of the protected disclosure and that the disclosure was not the main or dominant cause of the dismissal. Consequently, the Applicant did not...

Citation
[2015] ZALCJHB 166
Parties
Applicant: Donne Gunn; Respondent: Bidvest Prestige Cleaning Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2015
Case Number
JS 830 /2012
Procedural Posture
Automatic Unfair Dismissal / Trial
Outcome
Applicant's claim dismissed for lack of jurisdiction; dismissal not automatically unfair.
Judges
C Prinsloo
Legal Topics
Protected Disclosure, Automatic Unfair Dismissal, Jurisdiction, Occupational Detriment, Section 187 Lra, Protected Disclosures Act
Labour Law Protected Disclosure Automatic Unfair Dismissal Jurisdiction Occupational Detriment Section 187 Lra Protected Disclosures Act

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Parties

Donne Gunn

Applicant

Bidvest Prestige Cleaning Services (Pty) Ltd

Respondent

Procedural Posture

Automatic Unfair Dismissal / Trial

Legal Issues

  1. 1 Whether the Applicant's dismissal was automatically unfair as contemplated in section 187(1)(h) of the Labour Relations Act.
  2. 2 Whether the Applicant made a protected disclosure as defined in the Protected Disclosures Act.
  3. 3 Whether there was a causal nexus between the protected disclosure and the Applicant's dismissal.

Ratio Decidendi

The Applicant made a disclosure regarding fraudulent claims for hours not worked, which constitutes a protected disclosure under the Protected Disclosures Act. However, the evidence did not establish a causal nexus between the protected disclosure and the Applicant's dismissal. The disciplinary action and subsequent dismissal were instituted for reasons unrelated to the disclosure, specifically dereliction of duty and gross negligence. Applying the two-stage test for causation, the court found that the dismissal would have occurred irrespective of the protected disclosure and that the disclosure was not the main or dominant cause of the dismissal. Consequently, the Applicant did not...

Court Disposition

Applicant's claim dismissed for lack of jurisdiction; dismissal not automatically unfair.

Orders

  • The Applicant’s dismissal was not automatically unfair as provided in section 187(1)(h) of the Labour Relations Act.
  • The Applicant’s case is dismissed for lack of jurisdiction.