Ledwaba v Mpahpulu NO and Others (JR2172/2011) [2015] ZALCJHB 377 (23 October 2015)

Ledwaba v Mpahpulu NO and Others (JR2172/2011) [2015] ZALCJHB 377 (23 October 2015)

The court held that the arbitrator did not misdirect himself by upholding the dismissal despite the absence of a written arrest policy. The evidence established that there was a standard practice in the workplace regarding the apprehension of shoplifters, which the applicant was aware of and had previously followed. The charges were sufficiently clear to allow the applicant to prepare a defence, and the conduct of accepting money and a cell phone from the shoplifter was clearly identified as unacceptable. The applicant was not prejudiced in his defence, and the misconduct was substantiated. Accordingly, the review application failed as the arbitrator's decision was reasonable and justified.

Citation
[2015] ZALCJHB 377
Parties
Applicant: Phineas Ledwaba; Respondent: Mr Joseph Mpahpulu N.O.; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Edgars
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 October 2015
Case Number
JR2172/2011
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Substantive Fairness, Disciplinary Procedure, Proof of Rule, Dismissal for Misconduct
Labour Law Civil Procedure Substantive Fairness Disciplinary Procedure Proof of Rule Dismissal for Misconduct

Case Brief

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Parties

Phineas Ledwaba

Applicant

Mr Joseph Mpahpulu N.O.

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Edgars

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity by upholding the dismissal without proof of a written arrest policy.
  2. 2 Whether the applicant was prejudiced in his defence due to the absence of a written rule.
  3. 3 Whether the conduct of accepting money and a cell phone from a shoplifter constituted misconduct justifying dismissal.

Ratio Decidendi

The court held that the arbitrator did not misdirect himself by upholding the dismissal despite the absence of a written arrest policy. The evidence established that there was a standard practice in the workplace regarding the apprehension of shoplifters, which the applicant was aware of and had previously followed. The charges were sufficiently clear to allow the applicant to prepare a defence, and the conduct of accepting money and a cell phone from the shoplifter was clearly identified as unacceptable. The applicant was not prejudiced in his defence, and the misconduct was substantiated. Accordingly, the review application failed as the arbitrator's decision was reasonable and justified.

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.