Isikhonyane Cleaning Services v Commission for Conciliation, Mediation and Arbitration and Others (JA36/2014) [2015] ZALAC 122 (5 October 2015)

Isikhonyane Cleaning Services v Commission for Conciliation, Mediation and Arbitration and Others (JA36/2014) [2015] ZALAC 122 (5 October 2015)

The Labour Appeal Court held that the arbitrator committed a reviewable irregularity by failing to consider whether the employment relationship had irretrievably broken down and by not interrogating the appropriateness of dismissal as a sanction. The evidence showed that another supervisor guilty of the same...

Source-derived case information.

Citation
[2015] ZALAC 122
Parties
Appellant: Isikhonyane Cleaning Services (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Norman Mbelengwa; Respondent: SATAWU obo Ramalepe Matlatso
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 October 2015
Case Number
JA36/2014
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal dismissed with costs; Labour Court's decision upheld.
Judges
Davis JA, Ndlovu JA, Mngqibisa-Thusi AJA
Legal Topics
Unfair Dismissal, Consistency of Discipline, Review of Arbitration Award, Breakdown of Employment Relationship
Labour Law Unfair Dismissal Consistency of Discipline Review of Arbitration Award Breakdown of Employment Relationship

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Summary, issues, holding and outcome

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Parties

Isikhonyane Cleaning Services (Pty) Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Norman Mbelengwa

Respondent

SATAWU obo Ramalepe Matlatso

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity by upholding the dismissal without evidence that the employment relationship had irretrievably broken down.
  2. 2 Whether the principle of consistent discipline was properly applied in the sanction imposed.
  3. 3 Whether dismissal was an appropriate sanction for the misconduct committed.

Ratio Decidendi

The Labour Appeal Court held that the arbitrator committed a reviewable irregularity by failing to consider whether the employment relationship had irretrievably broken down and by not interrogating the appropriateness of dismissal as a sanction. The evidence showed that another supervisor guilty of the same misconduct was reinstated in a lower position, indicating inconsistent discipline. The appellant did not present evidence that the employment relationship with the employee had become intolerable. The employee had a clean disciplinary record and long service. The court found that the decision to dismiss was not one a reasonable decision-maker could reach on the available evidence....

Court Disposition

Appeal dismissed with costs; Labour Court's decision upheld.

Orders

  • The appeal is dismissed.
  • The decision of the Labour Court is upheld.