Imagex (Pty) Ltd v Krustinsky and Others (JR1303/2014) [2016] ZALCJHB 371 (29 September 2016)

Imagex (Pty) Ltd v Krustinsky and Others (JR1303/2014) [2016] ZALCJHB 371 (29 September 2016)

The court held that the Commissioner properly considered the facts and legal principles applicable to the dismissal of a probationary employee. The Commissioner found the employee guilty of the charges but determined that the employer did not treat the infractions as serious enough to warrant dismissal, having only given verbal counselling and failing to apply progressive discipline. The employer did not issue written warnings or consider alternative sanctions. The fact that the employee was on probation did not render the Commissioner's decision unreasonable, as the Code of Good Practice requires employers to advise employees of performance issues and apply fair procedures. The review...

Citation
[2016] ZALCJHB 371
Parties
Applicant: Imagex (Pty) Ltd; Respondent: Gabor Krustinsky; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Dumisani Ngwenya
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 September 2016
Case Number
JR1303/2014
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed with costs.
Judges
E Molahlehi
Legal Topics
Unfair Dismissal, Progressive Discipline, Probationary Employment, Arbitration Review
Labour Law Unfair Dismissal Progressive Discipline Probationary Employment Arbitration Review

Case Brief

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Parties

Imagex (Pty) Ltd

Applicant

Gabor Krustinsky

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Dumisani Ngwenya

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of the employee on probation was substantively fair.
  2. 2 Whether the employer applied progressive discipline before dismissal.
  3. 3 Whether the arbitration award was reasonable and reviewable.

Ratio Decidendi

The court held that the Commissioner properly considered the facts and legal principles applicable to the dismissal of a probationary employee. The Commissioner found the employee guilty of the charges but determined that the employer did not treat the infractions as serious enough to warrant dismissal, having only given verbal counselling and failing to apply progressive discipline. The employer did not issue written warnings or consider alternative sanctions. The fact that the employee was on probation did not render the Commissioner's decision unreasonable, as the Code of Good Practice requires employers to advise employees of performance issues and apply fair procedures. The review...

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The application to review the arbitration award made under case number GAIB 4925/14 dated 11 June 2014 is dismissed with costs.