Lewis Stores (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (D669/09) [2008] ZALCD 17 (17 October 2008)

Lewis Stores (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (D669/09) [2008] ZALCD 17 (17 October 2008)

The court found that the employee did not instigate the group grievance, as the evidence showed the letter was already available for signing before his arrival. There was no credible evidence that the employee intimidated any colleagues or that his conduct in contacting the customer brought the company into disrepute. The employer's witnesses did not identify the employee as the source of intimidation, and the employee's actions were reasonable in the context of investigating a grievance. The commissioner did not err in weighing the probabilities, and the dismissal was found to be unfair. The application for review was accordingly dismissed with costs.

Citation
[2008] ZALCD 17
Parties
Applicant: Lewis Stores (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner A Zwane; Respondent: Muntu Johannes Mthiyane
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
17 October 2008
Case Number
D669/09
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Pillay D
Legal Topics
Unfair Dismissal, Insubordination, Group Grievance, Employee Misconduct, Arbitration Review
Labour Law Unfair Dismissal Insubordination Group Grievance Employee Misconduct Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

Lewis Stores (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner A Zwane

Respondent

Muntu Johannes Mthiyane

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the employee's conduct constituted gross insubordination justifying dismissal.
  2. 2 Whether the employee instigated a group grievance amounting to misconduct.
  3. 3 Whether involving a customer in an internal dispute brought the company into disrepute.

Ratio Decidendi

The court found that the employee did not instigate the group grievance, as the evidence showed the letter was already available for signing before his arrival. There was no credible evidence that the employee intimidated any colleagues or that his conduct in contacting the customer brought the company into disrepute. The employer's witnesses did not identify the employee as the source of intimidation, and the employee's actions were reasonable in the context of investigating a grievance. The commissioner did not err in weighing the probabilities, and the dismissal was found to be unfair. The application for review was accordingly dismissed with costs.

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.