Mahlangu and Another v Mashigo NO and Others (JA3/05) [2011] ZALAC 32 (2 February 2011)

Mahlangu and Another v Mashigo NO and Others (JA3/05) [2011] ZALAC 32 (2 February 2011)

The Labour Appeal Court held that the commissioners' findings that the dismissals were substantively and procedurally fair were reasonable and justifiable on the evidence. The IOU transaction was found to be illegitimate, having been concluded in breach of company procedures and without management authorisation. The inference of dishonesty was reasonable given the circumstances and the timing of the IOU slip's production. The procedural fairness challenge failed because the appellants did not raise the alleged irregularities at arbitration, and the chairperson's inquisitorial approach was permissible. The Labour Court's costs order was not improperly exercised. Accordingly, the appeal was...

Citation
[2011] ZALAC 32
Parties
Appellant: Faith Mahlangu; Appellant: Emily Mokone; Respondent: T Mashigo, N.O.; Respondent: A C Basson, N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Clicks (Pty) Limited (Silverton)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
2 February 2011
Case Number
JA3/05
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with no order as to costs.
Judges
Zondi, Waglay, Landman
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Review of Arbitration Award, Reasonableness Standard, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Disciplinary Procedure Review of Arbitration Award Reasonableness Standard Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Faith Mahlangu

Appellant

Emily Mokone

Appellant

T Mashigo, N.O.

Respondent

A C Basson, N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Clicks (Pty) Limited (Silverton)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the commissioners' arbitration awards upholding the dismissals were reasonable and justifiable.
  2. 2 Whether the dismissals of the appellants were substantively and procedurally fair.
  3. 3 Whether the Labour Court erred in dismissing the review applications.

Ratio Decidendi

The Labour Appeal Court held that the commissioners' findings that the dismissals were substantively and procedurally fair were reasonable and justifiable on the evidence. The IOU transaction was found to be illegitimate, having been concluded in breach of company procedures and without management authorisation. The inference of dishonesty was reasonable given the circumstances and the timing of the IOU slip's production. The procedural fairness challenge failed because the appellants did not raise the alleged irregularities at arbitration, and the chairperson's inquisitorial approach was permissible. The Labour Court's costs order was not improperly exercised. Accordingly, the appeal was...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.