Malaka v GPSSBC and Others (JR566/15) [2016] ZALCJHB 332 (18 August 2016)

Malaka v GPSSBC and Others (JR566/15) [2016] ZALCJHB 332 (18 August 2016)

The court found that the Commissioner’s decision to uphold Ms Malaka’s dismissal was reasonable and supported by the evidence. The applicant had falsified official documents to secure a vehicle for personal use, which constituted fraud and dishonesty. The employment relationship was irreparably damaged by her conduct, justifying dismissal. The court rejected the applicant’s argument regarding the IT policy breach, finding that she could not be held liable for her son’s actions in accessing inappropriate websites. The review application was dismissed as the arbitration award was not one that a reasonable decision-maker could not have reached.

Citation
[2016] ZALCJHB 332
Parties
Applicant: MG Malaka; Respondent: GPSSBC; Respondent: T Mpshe; Respondent: Department of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2016
Case Number
JR566/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Gwaunza
Legal Topics
Unfair Dismissal, Fraud in Employment, Falsification of Documents, Unauthorised Use of Company Property, Disciplinary Procedure, Information Technology Policy
Labour Law Civil Procedure Unfair Dismissal Fraud in Employment Falsification of Documents Unauthorised Use of Company Property Disciplinary Procedure Information Technology Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MG Malaka

Applicant

GPSSBC

Respondent

T Mpshe

Respondent

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing Ms Malaka for misconduct was reasonable and should be set aside.
  2. 2 Whether the findings of fraud, falsification of documents, and unauthorised use of departmental property were supported by the evidence.
  3. 3 Whether the applicant's conduct constituted a contravention of the Information Technology Acceptable Use Policy.

Ratio Decidendi

The court found that the Commissioner’s decision to uphold Ms Malaka’s dismissal was reasonable and supported by the evidence. The applicant had falsified official documents to secure a vehicle for personal use, which constituted fraud and dishonesty. The employment relationship was irreparably damaged by her conduct, justifying dismissal. The court rejected the applicant’s argument regarding the IT policy breach, finding that she could not be held liable for her son’s actions in accessing inappropriate websites. The review application was dismissed as the arbitration award was not one that a reasonable decision-maker could not have reached.

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award issued by the second respondent under the auspices of the first respondent is dismissed.
  • There is no order as to costs.