L A Crushers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1676/14) [2017] ZALCJHB 80 (8 March 2017)

L A Crushers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1676/14) [2017] ZALCJHB 80 (8 March 2017)

The court held that the arbitrator was not entitled to interfere with the employer's sanction of dismissal in the absence of a finding that the sanction was unfair. The arbitrator failed to properly consider the employer's operational requirements and the seriousness of Mr Mohlala's misconduct, focusing solely on the employee's personal circumstances. By substituting the sanction without adequate justification, the arbitrator committed a reviewable irregularity. The dismissal was found to be fair, and the arbitration award was set aside and replaced with an order upholding the dismissal.

Citation
[2017] ZALCJHB 80
Parties
Applicant: L A Crushers (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Josias Sello Maake N.O.; Respondent: NUM obo Joseph Mohlala
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2017
Case Number
JR1676/14
Procedural Posture
Review Application / Opposed Review of Arbitration Award
Outcome
The arbitration award was reviewed and set aside. The dismissal of Mr Joseph Mohlala was found to be fair. The third respondent was ordered to pay the costs.
Judges
GN Moshoana
Legal Topics
Unfair Dismissal, Arbitration Review, Sanction Interference, Progressive Discipline
Labour Law Unfair Dismissal Arbitration Review Sanction Interference Progressive Discipline

Case Brief

Summary, issues, holding and outcome

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Parties

L A Crushers (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Josias Sello Maake N.O.

Respondent

NUM obo Joseph Mohlala

Respondent

Procedural Posture

Review Application / Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator was entitled to interfere with the employer's sanction of dismissal.
  2. 2 Whether the sanction of dismissal imposed on Mr Mohlala was fair in the circumstances.
  3. 3 Whether the arbitrator committed a reviewable irregularity by substituting the sanction.

Ratio Decidendi

The court held that the arbitrator was not entitled to interfere with the employer's sanction of dismissal in the absence of a finding that the sanction was unfair. The arbitrator failed to properly consider the employer's operational requirements and the seriousness of Mr Mohlala's misconduct, focusing solely on the employee's personal circumstances. By substituting the sanction without adequate justification, the arbitrator committed a reviewable irregularity. The dismissal was found to be fair, and the arbitration award was set aside and replaced with an order upholding the dismissal.

Court Disposition

The arbitration award was reviewed and set aside. The dismissal of Mr Joseph Mohlala was found to be fair. The third respondent was ordered to pay the costs.

Orders

  • The award issued by the second respondent under case number LP 409/14 dated 13 July 2014 is reviewed and set aside.
  • It is replaced with an order that the dismissal of Mr Joseph Mohlala is fair.