Malamlela v South African Local Government Bargaining Council (PA4/2017) [2018] ZALAC 25; (2018) 39 ILJ 2454 (LAC) (6 June 2018)

Malamlela v South African Local Government Bargaining Council (PA4/2017) [2018] ZALAC 25; (2018) 39 ILJ 2454 (LAC) (6 June 2018)

The Labour Appeal Court found that the Labour Court erred by substituting its own decision for that of the arbitrator, failing to act as a review court. The evidence before the arbitrator showed a breakdown in the employment relationship, persistent and deliberate insubordination by the employee, and a reasonable operational decision by the employer to transfer her. The arbitrator's award was reasonable and fell within the bounds required by section 145 of the Labour Relations Act. The employee's refusal to comply with a lawful and reasonable instruction constituted gross insubordination, justifying dismissal. The Labour Court's order was set aside and substituted with an order dismissing...

Citation
[2018] ZALAC 25
Parties
Appellant: Odwa Malamlela; Respondent: South African Local Government Bargaining Council; Respondent: Adv Nyameko Gqamana N.O.; Respondent: Nelson Mandela Bay Municipality
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
6 June 2018
Case Number
PA4/2017
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment
Outcome
Appeal dismissed; cross-appeal upheld; Labour Court's order set aside and substituted with dismissal of the review application.
Judges
Waglay, Phatshoane, Savage
Legal Topics
Unfair Dismissal, Insubordination, Arbitration Review, Retrospective Reinstatement, Municipal Employment, Reasonableness Standard
Labour Law Unfair Dismissal Insubordination Arbitration Review Retrospective Reinstatement Municipal Employment Reasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

Odwa Malamlela

Appellant

South African Local Government Bargaining Council

Respondent

Adv Nyameko Gqamana N.O.

Respondent

Nelson Mandela Bay Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Labour Court erred in setting aside the arbitration award and finding the dismissal substantively unfair.
  2. 2 Whether the employee was entitled to retrospective reinstatement from the date of dismissal.
  3. 3 Whether the arbitrator's award fell within the bounds of reasonableness required under section 145 of the Labour Relations Act.

Ratio Decidendi

The Labour Appeal Court found that the Labour Court erred by substituting its own decision for that of the arbitrator, failing to act as a review court. The evidence before the arbitrator showed a breakdown in the employment relationship, persistent and deliberate insubordination by the employee, and a reasonable operational decision by the employer to transfer her. The arbitrator's award was reasonable and fell within the bounds required by section 145 of the Labour Relations Act. The employee's refusal to comply with a lawful and reasonable instruction constituted gross insubordination, justifying dismissal. The Labour Court's order was set aside and substituted with an order dismissing...

Court Disposition

Appeal dismissed; cross-appeal upheld; Labour Court's order set aside and substituted with dismissal of the review application.

Orders

  • The appeal is dismissed.
  • The cross-appeal succeeds.