Khumalo v SALGBC and Others (C644/15) [2017] ZALCCT 8 (13 February 2017)

Khumalo v SALGBC and Others (C644/15) [2017] ZALCCT 8 (13 February 2017)

The court found that the arbitrator had carefully considered all the evidence and applied the correct legal principles. The applicant was found to have been absent from work without permission on multiple occasions and to have acted dishonestly by lying about her whereabouts. She was also guilty of insubordination by failing to comply with clear instructions from her manager, despite being on a final written warning. The disciplinary and arbitration processes were procedurally fair, with the applicant given multiple opportunities to participate and be represented. The arbitrator's credibility findings were reasonable and supported by the evidence. The sanction of dismissal was appropriate...

Citation
[2017] ZALCCT 8
Parties
Applicant: Feziwe Victoria Khumalo; Respondent: SALGBC; Respondent: Charles Jacobs N.O; Respondent: City of Cape Town
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
13 February 2017
Case Number
C644/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Dishonesty, Insubordination, Procedural Fairness, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Dishonesty Insubordination Procedural Fairness Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Feziwe Victoria Khumalo

Applicant

SALGBC

Respondent

Charles Jacobs N.O

Respondent

City of Cape Town

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of the applicant was substantively and procedurally fair.
  2. 2 Whether the arbitration award was reasonable and reviewable under section 145 of the LRA.
  3. 3 Whether the disciplinary and arbitration proceedings were procedurally fair.

Ratio Decidendi

The court found that the arbitrator had carefully considered all the evidence and applied the correct legal principles. The applicant was found to have been absent from work without permission on multiple occasions and to have acted dishonestly by lying about her whereabouts. She was also guilty of insubordination by failing to comply with clear instructions from her manager, despite being on a final written warning. The disciplinary and arbitration processes were procedurally fair, with the applicant given multiple opportunities to participate and be represented. The arbitrator's credibility findings were reasonable and supported by the evidence. The sanction of dismissal was appropriate...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.