Jacobs v KwaZulu-Natal Treasury (DA7/20) [2021] ZALAC 50; [2022] 3 BLLR 269 (LAC); (2022) 43 ILJ 1286 (LAC) (9 December 2021)

Jacobs v KwaZulu-Natal Treasury (DA7/20) [2021] ZALAC 50; [2022] 3 BLLR 269 (LAC); (2022) 43 ILJ 1286 (LAC) (9 December 2021)

The Labour Appeal Court found that the evidence established the minutes of the selection panel were amended, corroborated by both the appellant and the respondent's witness, Mr Parthab. The respondent conceded this fact in oral argument. The appellant's affidavit was therefore truthful, and her disclosure in legal proceedings did not breach the confidentiality agreement. The arbitration award upholding the dismissal was not one a reasonable decision-maker could have made, and the Labour Court erred in refusing to interfere with the arbitrator's finding. The confidentiality agreement cannot be used to conceal wrongdoing, and employees do not require employer permission to reveal such...

Citation
[2021] ZALAC 50
Parties
Appellant: Natasha Donna Jacobs; Respondent: KwaZulu-Natal Treasury
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
9 December 2021
Case Number
DA7/20
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment and Arbitration Award
Outcome
Appeal upheld; arbitration award set aside; appellant reinstated; no costs order.
Judges
Waglay, Davis, Kubushi
Legal Topics
Unfair Dismissal, Confidentiality Agreement, Review of Arbitration Award, Truthfulness of Evidence
Labour Law Civil Procedure Unfair Dismissal Confidentiality Agreement Review of Arbitration Award Truthfulness of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Natasha Donna Jacobs

Appellant

KwaZulu-Natal Treasury

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment and Arbitration Award

Legal Issues

  1. 1 Whether an employer may invoke a confidentiality agreement to conceal wrongdoing in the workplace.
  2. 2 Whether an employee who has signed a confidentiality agreement requires the employer's permission to reveal wrongdoing in legal proceedings.
  3. 3 Whether the appellant's affidavit was truthful regarding the amendment of selection panel minutes.

Ratio Decidendi

The Labour Appeal Court found that the evidence established the minutes of the selection panel were amended, corroborated by both the appellant and the respondent's witness, Mr Parthab. The respondent conceded this fact in oral argument. The appellant's affidavit was therefore truthful, and her disclosure in legal proceedings did not breach the confidentiality agreement. The arbitration award upholding the dismissal was not one a reasonable decision-maker could have made, and the Labour Court erred in refusing to interfere with the arbitrator's finding. The confidentiality agreement cannot be used to conceal wrongdoing, and employees do not require employer permission to reveal such...

Court Disposition

Appeal upheld; arbitration award set aside; appellant reinstated; no costs order.

Orders

  • The appeal is upheld.
  • The order of the Labour Court in case number D1475/18 is set aside and substituted with an order reviewing and setting aside the Arbitration Award.