Imperial Dedicated Contracts (Pty) Ltd operating as Imperial Dedicated Contracts v Mpshe and Others (JR1417/19) [2021] ZALCJHB 198 (28 July 2021)

Imperial Dedicated Contracts (Pty) Ltd operating as Imperial Dedicated Contracts v Mpshe and Others (JR1417/19) [2021] ZALCJHB 198 (28 July 2021)

The court found that the arbitrator's award was reasonable and justifiable. The applicant failed to prove that Mpshe consumed alcohol in the form of liquor while on duty, as the presence of alcohol could be attributed to medication such as Benylin. The evidence regarding the smell of alcohol and red eyes was...

Source-derived case information.

Citation
[2021] ZALCJHB 198
Parties
Applicant: Imperial Dedicated Contracts (Pty) Ltd operating as Imperial Dedicated Contracts; Respondent: Moses Mpshe; Respondent: Commissioner Queendy Gungubele N.O.; Respondent: The NBCFRFLI
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 July 2021
Case Number
JR1417/19
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; arbitration award stands.
Judges
G N Moshoana
Legal Topics
Unfair Dismissal, Substantive Fairness, Workplace Intoxication, Arbitration Review
Labour Law Unfair Dismissal Substantive Fairness Workplace Intoxication Arbitration Review

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Summary, issues, holding and outcome

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Parties

Imperial Dedicated Contracts (Pty) Ltd operating as Imperial Dedicated Contracts

Applicant

Moses Mpshe

Respondent

Commissioner Queendy Gungubele N.O.

Respondent

The NBCFRFLI

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of Moses Mpshe substantively unfair falls within the bounds of reasonableness.
  2. 2 Whether the applicant proved that Mpshe consumed alcohol while on duty and that such conduct is prohibited by the employer.
  3. 3 Whether the arbitrator ignored relevant evidence and company policy regarding intoxication at the workplace.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and justifiable. The applicant failed to prove that Mpshe consumed alcohol in the form of liquor while on duty, as the presence of alcohol could be attributed to medication such as Benylin. The evidence regarding the smell of alcohol and red eyes was inconclusive and did not establish impairment or intoxication. The company's policy focused on being under the influence or reporting while intoxicated, which was materially different from the charge faced by Mpshe. There was no evidence that Mpshe was unable to perform his duties due to alcohol consumption. Accordingly, the award was unassailable and fell within the bounds of...

Court Disposition

Application for review dismissed; arbitration award stands.

Orders

  • The application is dismissed.
  • There is no order as to costs.