Manuel v Jordan NO and Others (C471/2008) [2011] ZALCCT 52 (7 June 2011)

Manuel v Jordan NO and Others (C471/2008) [2011] ZALCCT 52 (7 June 2011)

The court found that the applicant's explanation for the late filing of the review application was inadequate and unsupported by evidence. The delay was substantial relative to the statutory period, and the applicant failed to address the shortcomings in his condonation application. On the merits, the arbitrator's findings were based on a thorough evaluation of the evidence, including the applicant's repeated and wilful misconduct and gross dishonesty. The arbitrator's conclusion that dismissal was substantively and procedurally fair was not unreasonable. The applicant's criticisms were not linked to the statutory grounds for review and were unsupported by the record. Consequently, the...

Citation
[2011] ZALCCT 52
Parties
Applicant: Alfred Manuel; Respondent: B. Jordaan N.O.; Respondent: Transnet Bargaining Council; Respondent: Transnet Freight Rail
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 June 2011
Case Number
C471/2008
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation dismissed; review application dismissed; costs awarded against applicant.
Judges
A Steenkamp
Legal Topics
Unfair Dismissal, Condonation, Review of Arbitration Award, Reasonableness Standard, Gross Misconduct
Labour Law Civil Procedure Unfair Dismissal Condonation Review of Arbitration Award Reasonableness Standard Gross Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Alfred Manuel

Applicant

B. Jordaan N.O.

Respondent

Transnet Bargaining Council

Respondent

Transnet Freight Rail

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicant's late filing of the review application should be condoned.
  2. 2 Whether the arbitration award upholding the applicant's dismissal was reviewable under section 145 of the LRA.
  3. 3 Whether the arbitrator's finding on sanction was unreasonable in light of mitigating factors.

Ratio Decidendi

The court found that the applicant's explanation for the late filing of the review application was inadequate and unsupported by evidence. The delay was substantial relative to the statutory period, and the applicant failed to address the shortcomings in his condonation application. On the merits, the arbitrator's findings were based on a thorough evaluation of the evidence, including the applicant's repeated and wilful misconduct and gross dishonesty. The arbitrator's conclusion that dismissal was substantively and procedurally fair was not unreasonable. The applicant's criticisms were not linked to the statutory grounds for review and were unsupported by the record. Consequently, the...

Court Disposition

Application for condonation dismissed; review application dismissed; costs awarded against applicant.

Orders

  • The application for condonation for the late filing of the review application is dismissed.
  • The application for review is dismissed.