Maripane v Glencore Operations South Africa (Pty) Ltd (JA70/2017) [2019] ZALAC 34; [2019] 8 BLLR 750 (LAC); (2019) 40 ILJ 1999 (LAC) (7 May 2019)

Maripane v Glencore Operations South Africa (Pty) Ltd (JA70/2017) [2019] ZALAC 34; [2019] 8 BLLR 750 (LAC); (2019) 40 ILJ 1999 (LAC) (7 May 2019)

The Labour Appeal Court found that the evidence did not establish, even on a balance of probabilities, that the appellant had been replaced as health and safety representative (HSR) by the NUM. The employer's instruction to return to his previous position as raw material operator (RMO) was based on a misinterpretation of the union's letter and was contrary to the terms of the health and safety agreement, which fixed the appellant's term as HSR for three years. The instruction was therefore legally unenforceable and unreasonable. The appellant's refusal to comply did not constitute unlawful insubordination or misconduct. The Commissioner’s finding of substantive unfairness was reasonable,...

Citation
[2019] ZALAC 34
Parties
Appellant: Simon Maripane; Respondent: Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 May 2019
Case Number
JA70/2017
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal upheld with costs; Labour Court's judgment set aside; review application dismissed; cross-review upheld; reinstatement and backpay ordered.
Judges
Coppin JA, Savage AJA, Murphy AJA
Legal Topics
Unfair Dismissal, Insubordination, Collective Agreement Interpretation, Specific Performance, Contractual Repudiation
Labour Law Unfair Dismissal Insubordination Collective Agreement Interpretation Specific Performance Contractual Repudiation

Case Brief

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Parties

Simon Maripane

Appellant

Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant was lawfully dismissed for insubordination.
  2. 2 Whether the employer's instruction to return to the previous position was reasonable and enforceable.
  3. 3 Whether the arbitration award and subsequent Labour Court judgment were correct in finding misconduct and upholding dismissal.

Ratio Decidendi

The Labour Appeal Court found that the evidence did not establish, even on a balance of probabilities, that the appellant had been replaced as health and safety representative (HSR) by the NUM. The employer's instruction to return to his previous position as raw material operator (RMO) was based on a misinterpretation of the union's letter and was contrary to the terms of the health and safety agreement, which fixed the appellant's term as HSR for three years. The instruction was therefore legally unenforceable and unreasonable. The appellant's refusal to comply did not constitute unlawful insubordination or misconduct. The Commissioner’s finding of substantive unfairness was reasonable,...

Court Disposition

Appeal upheld with costs; Labour Court's judgment set aside; review application dismissed; cross-review upheld; reinstatement and backpay ordered.

Orders

  • The appeal is upheld with costs.
  • The entire order of the Labour Court is set aside and replaced with an order dismissing the review application and upholding the cross-review.