Khambule v National Union of Mine Workers and Others (JA89/17) [2019] ZALAC 61; (2019) 40 ILJ 2505 (LAC) (24 July 2019)

Khambule v National Union of Mine Workers and Others (JA89/17) [2019] ZALAC 61; (2019) 40 ILJ 2505 (LAC) (24 July 2019)

The Labour Appeal Court held that the CCMA's award reinstating the employee was reasonable and not susceptible to interference. The evidence did not establish a breakdown in the trust relationship sufficient to justify dismissal, particularly as the employee was a subordinate and his supervisor did not act on his suggestion. The Court found that the misconduct, while serious, did not warrant dismissal in the circumstances, and the financial penalty imposed by the CCMA was appropriate. The Labour Court erred in setting aside the CCMA's award, and the appeal was upheld.

Citation
[2019] ZALAC 61
Parties
Appellant: Mbuyiseni Moses Khambule; Respondent: National Union of Mine Workers; Respondent: Impala Platinum Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Lance Sellier NO
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
24 July 2019
Case Number
JA89/17
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award
Outcome
Appeal upheld; Labour Court's order set aside and substituted with an order dismissing the review application.
Judges
Waglay, Phatshoane, Savage
Legal Topics
Unfair Dismissal, Breakdown of Trust Relationship, Disciplinary Procedure, Arbitration Review, Gross Misconduct
Labour Law Unfair Dismissal Breakdown of Trust Relationship Disciplinary Procedure Arbitration Review Gross Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Mbuyiseni Moses Khambule

Appellant

National Union of Mine Workers

Respondent

Impala Platinum Limited

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Lance Sellier NO

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Labour Court erred in setting aside the CCMA award reinstating the employee.
  2. 2 Whether the dismissal of the employee for uttering words to his supervisor constituted a fair sanction.
  3. 3 Whether evidence of breakdown in the trust relationship was required and sufficiently established.

Ratio Decidendi

The Labour Appeal Court held that the CCMA's award reinstating the employee was reasonable and not susceptible to interference. The evidence did not establish a breakdown in the trust relationship sufficient to justify dismissal, particularly as the employee was a subordinate and his supervisor did not act on his suggestion. The Court found that the misconduct, while serious, did not warrant dismissal in the circumstances, and the financial penalty imposed by the CCMA was appropriate. The Labour Court erred in setting aside the CCMA's award, and the appeal was upheld.

Court Disposition

Appeal upheld; Labour Court's order set aside and substituted with an order dismissing the review application.

Orders

  • The appeal succeeds with no order as to costs.
  • The order of the Labour Court is substituted with the following order: The application is dismissed.