Mathews v Commission for Conciliation, Mediation and Arbitration and Others (JR2279/07) [2010] ZALC 65 (5 May 2010)

Mathews v Commission for Conciliation, Mediation and Arbitration and Others (JR2279/07) [2010] ZALC 65 (5 May 2010)

The court found that the arbitrator's finding of unauthorised use of the vehicle was reasonable insofar as it was based on the applicant's failure to return the vehicle on the authorised date. However, the arbitrator's reliance on excessive kilometres travelled was not supported by a clear workplace rule or sufficient evidence. The court held that the arbitrator failed to properly consider the gravity of the actual misconduct and the applicant's long service when evaluating the appropriateness of the sanction of dismissal. The evidence of a breakdown in the trust relationship was found to be unsatisfactory, as it was provided by the chairperson of the enquiry and the investigator, rather...

Citation
[2010] ZALC 65
Parties
Applicant: Michael Mathews; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Hendrik Olifant; Respondent: Pioneer Foods (Pty) Ltd t/a Sasko Milling and Baking
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 May 2010
Case Number
JR2279/07
Procedural Posture
Review Application / Judgment on Review Application
Outcome
The arbitrator's finding that the dismissal was fair is set aside and the matter is remitted for reconsideration of the appropriate sanction.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Sanction of Dismissal, Procedural Fairness, Trust Relationship, Reinstatement Remittal
Labour Law Unfair Dismissal Disciplinary Procedure Sanction of Dismissal Procedural Fairness Trust Relationship Reinstatement Remittal

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Mathews

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Hendrik Olifant

Respondent

Pioneer Foods (Pty) Ltd t/a Sasko Milling and Baking

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the arbitrator's finding that the applicant's dismissal was substantively and procedurally fair was reasonable.
  2. 2 Whether the applicant was guilty of unauthorised use of a company vehicle.
  3. 3 Whether the sanction of dismissal was appropriate given the applicant's misconduct and length of service.

Ratio Decidendi

The court found that the arbitrator's finding of unauthorised use of the vehicle was reasonable insofar as it was based on the applicant's failure to return the vehicle on the authorised date. However, the arbitrator's reliance on excessive kilometres travelled was not supported by a clear workplace rule or sufficient evidence. The court held that the arbitrator failed to properly consider the gravity of the actual misconduct and the applicant's long service when evaluating the appropriateness of the sanction of dismissal. The evidence of a breakdown in the trust relationship was found to be unsatisfactory, as it was provided by the chairperson of the enquiry and the investigator, rather...

Court Disposition

The arbitrator's finding that the dismissal was fair is set aside and the matter is remitted for reconsideration of the appropriate sanction.

Orders

  • The second respondent’s finding in his award of 2 May 2007 that the dismissal of the applicant was fair is set aside.
  • The matter is remitted to the first respondent for the second respondent to reconsider whether, in all the circumstances, the applicant’s dismissal was fair given the misconduct found.