Masoeu v Commission for Conciliation Mediation And Arbitration and Others (JR792/09) [2009] ZALCJHB 36 (15 September 2009)

Masoeu v Commission for Conciliation Mediation And Arbitration and Others (JR792/09) [2009] ZALCJHB 36 (15 September 2009)

The court found that the commissioner correctly rejected the applicant's explanations for his absence, noting that he failed to provide verifiable reasons or documentation for his brother's death and did not respond to multiple telegrams sent by the employer. The commissioner was justified in finding both procedural and substantive fairness in the dismissal, as the applicant breached workplace rules by being absent for 38 days without authorization and failed to communicate his whereabouts despite being given opportunities. The review application failed to demonstrate any gross irregularity, misconduct, or unreasonable decision by the commissioner. The court concluded that the arbitration...

Citation
[2009] ZALCJHB 36
Parties
Applicant: Goodman Thabiso Masoeu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Bonge T Masote; Respondent: Shoprite Checkers (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2009
Case Number
JR792/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Desertion, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Substantive Fairness Desertion Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Goodman Thabiso Masoeu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Bonge T Masote

Respondent

Shoprite Checkers (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner failed to apply her mind to the evidence and material presented during arbitration.
  2. 2 Whether the commissioner committed gross misconduct or irregularity in the conduct of the arbitration process regarding the onus of proof.
  3. 3 Whether the commissioner exceeded her powers by failing to consider relevant items in the Code of Good Practice.

Ratio Decidendi

The court found that the commissioner correctly rejected the applicant's explanations for his absence, noting that he failed to provide verifiable reasons or documentation for his brother's death and did not respond to multiple telegrams sent by the employer. The commissioner was justified in finding both procedural and substantive fairness in the dismissal, as the applicant breached workplace rules by being absent for 38 days without authorization and failed to communicate his whereabouts despite being given opportunities. The review application failed to demonstrate any gross irregularity, misconduct, or unreasonable decision by the commissioner. The court concluded that the arbitration...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • There is no order as to costs.