Maphisa and Another v Impala Platinum Refinery and Others (JA123/2013) [2015] ZALAC 101 (29 April 2015)

Maphisa and Another v Impala Platinum Refinery and Others (JA123/2013) [2015] ZALAC 101 (29 April 2015)

The Labour Appeal Court found that the Commissioners conclusion that Mr Maphisas dismissal was substantively unfair was unreasonable in light of the cumulative circumstantial evidence. Mr Maphisa was seen near the scene of the attempted theft, used his access card and confidential PIN to make calls at the relevant time, and provided contradictory and improbable explanations for his presence and actions. The use of his uncles car as a get-away vehicle further implicated him. The Commissioner failed to appreciate the significance of the common cause evidence and the contradictions in Mr Maphisas account. The Court held that the dismissal was substantively fair and that referring the...

Citation
[2015] ZALAC 101
Parties
Appellant: The National Union of Mineworkers; Appellant: A M Maphisa; Respondent: The Commission for Conciliation, Mediation & Arbitration; Respondent: Singh, M N.O.; Respondent: Impala Platinum Refinery
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
JA123/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award
Outcome
Appeal dismissed. The dismissal of Mr Maphisa was found to be substantively fair.
Judges
Waglay JP, Musi JA, Dlodlo AJA
Legal Topics
Substantive Fairness of Dismissal, Review of Arbitration Award, Common Purpose, Credibility Assessment, Circumstantial Evidence
Labour Law Civil Procedure Substantive Fairness of Dismissal Review of Arbitration Award Common Purpose Credibility Assessment Circumstantial Evidence

Case Brief

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Parties

The National Union of Mineworkers

Appellant

A M Maphisa

Appellant

The Commission for Conciliation, Mediation & Arbitration

Respondent

Singh, M N.O.

Respondent

Impala Platinum Refinery

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA Commissioners finding that the dismissal of Mr Maphisa was substantively unfair was reasonable.
  2. 2 Whether the evidence established that Mr Maphisa was involved in the attempted theft and justified his dismissal.
  3. 3 Whether the matter should be referred back for re-arbitration or finally disposed of by the Labour Appeal Court.

Ratio Decidendi

The Labour Appeal Court found that the Commissioners conclusion that Mr Maphisas dismissal was substantively unfair was unreasonable in light of the cumulative circumstantial evidence. Mr Maphisa was seen near the scene of the attempted theft, used his access card and confidential PIN to make calls at the relevant time, and provided contradictory and improbable explanations for his presence and actions. The use of his uncles car as a get-away vehicle further implicated him. The Commissioner failed to appreciate the significance of the common cause evidence and the contradictions in Mr Maphisas account. The Court held that the dismissal was substantively fair and that referring the...

Court Disposition

Appeal dismissed. The dismissal of Mr Maphisa was found to be substantively fair.

Orders

  • The appeal is dismissed.
  • The award of the Commissioner dated 2 February 2011 under CCMA case number AJB15565-10 is reviewed and set aside and replaced with: 'The dismissal of the employee was fair'.