Lekoba v Smollan Cape (Pty) Ltd and Others (JR2512/13) [2017] ZALCJHB 453 (5 November 2017)

Lekoba v Smollan Cape (Pty) Ltd and Others (JR2512/13) [2017] ZALCJHB 453 (5 November 2017)

The court found that the Commissioner afforded both parties a full opportunity to present their cases, correctly identified and understood the issues, and dealt with the substantive merits. The Commissioner properly considered the evidence, including the tracker data and expert testimony, and reasonably rejected the applicant's unsubstantiated claims of data manipulation and victimisation. The applicant's denial of wrongdoing and lack of remorse further justified the finding that the trust relationship was irreparably broken. The Commissioner’s award was found to be reasonable and unassailable, and the review application was dismissed.

Citation
[2017] ZALCJHB 453
Parties
Applicant: Lesego Samuel Lekoba; Respondent: Smollan Cape (Pty) Ltd; Respondent: Lawrence Nowsenetz N.O.; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 November 2017
Case Number
JR2512/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; arbitration award stands.
Judges
E Tlhotlhalemaje
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Gross Negligence, Abuse of Company Property, Code of Good Practice, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Gross Negligence Abuse of Company Property Code of Good Practice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Lesego Samuel Lekoba

Applicant

Smollan Cape (Pty) Ltd

Respondent

Lawrence Nowsenetz N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the applicant's dismissal substantively fair should be reviewed and set aside.
  2. 2 Whether the Commissioner failed to apply his mind to the evidence and committed a gross irregularity.
  3. 3 Whether the tracker data relied upon by the employer was manipulated or unreliable.

Ratio Decidendi

The court found that the Commissioner afforded both parties a full opportunity to present their cases, correctly identified and understood the issues, and dealt with the substantive merits. The Commissioner properly considered the evidence, including the tracker data and expert testimony, and reasonably rejected the applicant's unsubstantiated claims of data manipulation and victimisation. The applicant's denial of wrongdoing and lack of remorse further justified the finding that the trust relationship was irreparably broken. The Commissioner’s award was found to be reasonable and unassailable, and the review application was dismissed.

Court Disposition

Review application dismissed; arbitration award stands.

Orders

  • The application to review and set aside the arbitration award issued by the Second Respondent dated 25 October 2013 is dismissed.
  • There is no order as to costs.