Matemane v Driscoll NO and Others (JR1690/13) [2016] ZALCJHB 199 (25 May 2016)

Matemane v Driscoll NO and Others (JR1690/13) [2016] ZALCJHB 199 (25 May 2016)

The court found that the arbitrator's conclusion that the applicant's statement constituted intimidation was reasonable, given the context of recent violent incidents at another police station and the applicant's aggressive behaviour. The arbitrator was justified in preferring the evidence of the station commander and in finding that the applicant's explanation was implausible and opportunistic. The procedural fairness of the disciplinary enquiry was upheld, as the chairperson had provided the applicant with multiple opportunities to explain his conduct and had not demonstrated bias. The dismissal was found to be substantively and procedurally fair, and there was no basis for the court to...

Citation
[2016] ZALCJHB 199
Parties
Applicant: TP Matemane; Respondent: Kerry Driscoll NO; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: South African Police Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 May 2016
Case Number
JR1690/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Intimidation, Disciplinary Procedure, Procedural Fairness, Arbitration Review
Labour Law Civil Procedure Unfair Dismissal Intimidation Disciplinary Procedure Procedural Fairness Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

TP Matemane

Applicant

Kerry Driscoll NO

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding that the applicant was guilty of intimidation was reasonable.
  2. 2 Whether the dismissal of the applicant was substantively and procedurally fair.
  3. 3 Whether the chairperson of the disciplinary enquiry was biased against the applicant.

Ratio Decidendi

The court found that the arbitrator's conclusion that the applicant's statement constituted intimidation was reasonable, given the context of recent violent incidents at another police station and the applicant's aggressive behaviour. The arbitrator was justified in preferring the evidence of the station commander and in finding that the applicant's explanation was implausible and opportunistic. The procedural fairness of the disciplinary enquiry was upheld, as the chairperson had provided the applicant with multiple opportunities to explain his conduct and had not demonstrated bias. The dismissal was found to be substantively and procedurally fair, and there was no basis for the court to...

Court Disposition

Review application dismissed.

Orders

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