Mathews v Commission for Conciliation Mediation And Arbitration and Others (D128/12) [2015] ZALCD 47 (7 August 2015)

Mathews v Commission for Conciliation Mediation And Arbitration and Others (D128/12) [2015] ZALCD 47 (7 August 2015)

The court found that the arbitrator (second respondent) had properly identified and understood the dispute, allowed the parties a full opportunity to present their cases, and dealt with the substantial merits. The applicant's own admissions and conduct—accepting funds into his personal account, failing to disclose...

Source-derived case information.

Citation
[2015] ZALCD 47
Parties
Applicant: Dr. Wayne Mathews; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: G Jenkins N O; Respondent: Ezemvelo Wildlife
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
7 August 2015
Case Number
D128/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
D H Gush
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Misconduct, Condonation, Disciplinary Procedure
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Misconduct Condonation Disciplinary Procedure

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Summary, issues, holding and outcome

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Parties

Dr. Wayne Mathews

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

G Jenkins N O

Respondent

Ezemvelo Wildlife

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant's unfair dismissal claim is reviewable.
  2. 2 Whether the applicant's conduct constituted misconduct justifying dismissal.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The court found that the arbitrator (second respondent) had properly identified and understood the dispute, allowed the parties a full opportunity to present their cases, and dealt with the substantial merits. The applicant's own admissions and conduct—accepting funds into his personal account, failing to disclose this to auditors, and only repaying the money after being confronted—constituted misconduct under the employer's disciplinary code. The arbitrator's conclusion that the dismissal was substantively and procedurally fair was reasonable and supported by the evidence. The applicant's grounds for review, based on alleged unreasonableness and misapplication of policy, were not...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's application to review and set aside the arbitration award is dismissed with costs.