Kohler Flexible Packaging (Pty) Ltd v Mofsowitz NO and Others (C701/99) [2000] ZALC 99 (15 September 2000)

Kohler Flexible Packaging (Pty) Ltd v Mofsowitz NO and Others (C701/99) [2000] ZALC 99 (15 September 2000)

The Labour Court found that the CCMA commissioner committed a gross irregularity by concluding that no evidence was led regarding the financial losses suffered by the applicant, despite clear testimony detailing such losses. The commissioner failed to properly consider the evidence presented at both the disciplinary enquiry and arbitration, particularly the employee's guilty plea and admissions. The finding that the dismissal was a 'scapegoat' dismissal was unsupported by evidence. The award could not be justified on the facts and was set aside. The matter was referred back to the CCMA for a de novo hearing before a different commissioner.

Citation
[2000] ZALC 99
Parties
Applicant: Kohler Flexible Packaging (Pty) Ltd; Respondent: Commissioner H Mofsowitz, N O; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: South African Typographical Union (On behalf of A Leo)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 September 2000
Case Number
C701/99
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The CCMA award is reviewed and set aside. The matter is referred for a de novo hearing before a different commissioner.
Judges
Pienaar
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Gross Negligence, Substantive Fairness, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Gross Negligence Substantive Fairness Procedural Fairness

Case Brief

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Parties

Kohler Flexible Packaging (Pty) Ltd

Applicant

Commissioner H Mofsowitz, N O

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

South African Typographical Union (On behalf of A Leo)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner committed a reviewable irregularity in finding the dismissal substantively unfair.
  2. 2 Whether sufficient evidence was led regarding the financial losses suffered by the employer.
  3. 3 Whether the employee's conduct constituted gross negligence or mere negligence.

Ratio Decidendi

The Labour Court found that the CCMA commissioner committed a gross irregularity by concluding that no evidence was led regarding the financial losses suffered by the applicant, despite clear testimony detailing such losses. The commissioner failed to properly consider the evidence presented at both the disciplinary enquiry and arbitration, particularly the employee's guilty plea and admissions. The finding that the dismissal was a 'scapegoat' dismissal was unsupported by evidence. The award could not be justified on the facts and was set aside. The matter was referred back to the CCMA for a de novo hearing before a different commissioner.

Court Disposition

The CCMA award is reviewed and set aside. The matter is referred for a de novo hearing before a different commissioner.

Orders

  • The award dated 12 November 1999 under Case No WE22606 is reviewed and set aside.
  • The matter is referred to the Second Respondent (CCMA) to be dealt with de novo before a different commissioner.