Manilall v CCMA and Others (D302/98) [1998] ZALC 141 (23 September 1998)

Manilall v CCMA and Others (D302/98) [1998] ZALC 141 (23 September 1998)

The court held that the arbitrator was entitled to conclude, on the facts, that the applicant's conduct amounted to insubordination and justified dismissal. The arbitrator had considered the Code of Good Practice and found progressive discipline inappropriate due to the applicant's lack of remorse. As a court of review, not appeal, there was no basis to interfere with the award. The application for review was dismissed.

Citation
[1998] ZALC 141
Parties
Applicant: Manilall; Respondent: CCMA; Respondent: A P Shangase; Respondent: Global Marine CC
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 September 1998
Case Number
D302/98
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
A A Landman
Legal Topics
Dismissal for Insubordination, Code of Good Practice, Progressive Discipline, Review of Arbitration Award
Labour Law Dismissal for Insubordination Code of Good Practice Progressive Discipline Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Manilall

Applicant

CCMA

Respondent

A P Shangase

Respondent

Global Marine CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award that the applicant's dismissal was substantively fair should be set aside.
  2. 2 Whether the arbitrator failed to consider the Code of Good Practice under the Labour Relations Act.
  3. 3 Whether insubordination and lack of remorse justified dismissal without progressive discipline.

Ratio Decidendi

The court held that the arbitrator was entitled to conclude, on the facts, that the applicant's conduct amounted to insubordination and justified dismissal. The arbitrator had considered the Code of Good Practice and found progressive discipline inappropriate due to the applicant's lack of remorse. As a court of review, not appeal, there was no basis to interfere with the award. The application for review was dismissed.

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.