Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

The court found that the commissioner’s award was reasonable and free from material irregularity. The evidence presented at arbitration was direct, credible, and substantiated the allegations of sexual harassment. The applicant’s denials were uncorroborated and self-contradictory. The commissioner applied the correct standard of proof and properly considered the evidence. The grounds of review raised by Lombard were without merit: the evidence was not hearsay, there was no undue influence, and the disciplinary process was fair. The court concluded that the commissioner’s decision fell within the bands of reasonableness and was not one that a reasonable decision maker could not reach....

Citation
[2025] ZALCCT 45
Parties
Applicant: Vernon Marchel Lombard; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner C M Bennett; Respondent: Netcare Hospitals (Pty) Ltd t/a Netcare Kuilsriver Hospital
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 July 2025
Case Number
C610/2022
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed; arbitration award upheld; no order as to costs.
Judges
C de Kock
Legal Topics
Unfair Dismissal, Sexual Harassment, Arbitration Review, Reasonableness Standard, Disciplinary Procedure
Labour Law Unfair Dismissal Sexual Harassment Arbitration Review Reasonableness Standard Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Vernon Marchel Lombard

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner C M Bennett

Respondent

Netcare Hospitals (Pty) Ltd t/a Netcare Kuilsriver Hospital

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the arbitration award dismissing Lombard for sexual harassment was reasonable and free from material irregularity.
  2. 2 Whether the commissioner improperly relied on hearsay evidence.
  3. 3 Whether the disciplinary process was procedurally unfair.

Ratio Decidendi

The court found that the commissioner’s award was reasonable and free from material irregularity. The evidence presented at arbitration was direct, credible, and substantiated the allegations of sexual harassment. The applicant’s denials were uncorroborated and self-contradictory. The commissioner applied the correct standard of proof and properly considered the evidence. The grounds of review raised by Lombard were without merit: the evidence was not hearsay, there was no undue influence, and the disciplinary process was fair. The court concluded that the commissioner’s decision fell within the bands of reasonableness and was not one that a reasonable decision maker could not reach....

Court Disposition

Review application dismissed; arbitration award upheld; no order as to costs.

Orders

  • The review application is reinstated.
  • The application to review the award is dismissed.