Marthinussen v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2862/2011) [2015] ZALCJHB 27 (27 January 2015)

Marthinussen v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2862/2011) [2015] ZALCJHB 27 (27 January 2015)

The court held that the arbitrator's finding—that the employees' conduct did not amount to dishonesty in the strict sense and that dismissal was too harsh a sanction—was reasonable on the evidence. The arbitrator properly considered the length of service, disciplinary record, and the nature of the misconduct, concluding that the trust relationship had not irretrievably broken down. The lesser sanction of reinstatement without retrospective effect and a final written warning was deemed sufficiently corrective and severe. The applicant's arguments regarding deference to the employer's sanction and alleged failure to consider certain factors were either unsupported by evidence or irrelevant....

Citation
[2015] ZALCJHB 27
Parties
Applicant: LH Marthinussen; Respondent: Metal and Engineering Industries Bargaining Council (MEIBC); Respondent: Ahmed Cachalia N.O.; Respondent: Vusi Daniel Kubeka; Respondent: Jeffrey Nkosenhle Ndlovu; Respondent: Master Bheki Dludlu; Respondent: Mseleki Wilberforce Mazula
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 January 2015
Case Number
JR2862/2011
Procedural Posture
Review Application / Judgment on Review Application and Related Section 158(1)(c) Application
Outcome
Application dismissed; no order as to costs.
Judges
Le Roux
Legal Topics
Unfair Dismissal, Arbitration Review, Sanction for Misconduct, Trust Relationship, Disciplinary Code
Labour Law Unfair Dismissal Arbitration Review Sanction for Misconduct Trust Relationship Disciplinary Code

Case Brief

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Parties

LH Marthinussen

Applicant

Metal and Engineering Industries Bargaining Council (MEIBC)

Respondent

Ahmed Cachalia N.O.

Respondent

Vusi Daniel Kubeka

Respondent

Jeffrey Nkosenhle Ndlovu

Respondent

Master Bheki Dludlu

Respondent

Mseleki Wilberforce Mazula

Respondent

Procedural Posture

Review Application / Judgment on Review Application and Related Section 158(1)(c) Application

Legal Issues

  1. 1 Whether the arbitration award finding dismissal too harsh a sanction for the employees' misconduct was reasonable.
  2. 2 Whether the arbitrator misconstrued or failed to consider relevant evidence in determining the appropriateness of dismissal.
  3. 3 Whether the trust relationship between employer and employees had irretrievably broken down.

Ratio Decidendi

The court held that the arbitrator's finding—that the employees' conduct did not amount to dishonesty in the strict sense and that dismissal was too harsh a sanction—was reasonable on the evidence. The arbitrator properly considered the length of service, disciplinary record, and the nature of the misconduct, concluding that the trust relationship had not irretrievably broken down. The lesser sanction of reinstatement without retrospective effect and a final written warning was deemed sufficiently corrective and severe. The applicant's arguments regarding deference to the employer's sanction and alleged failure to consider certain factors were either unsupported by evidence or irrelevant....

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs is made.