Mbiza v General Public Service Sectoral Bargaining Council and Others (P 532/10) [2012] ZALCPE 12 (10 October 2012)

Mbiza v General Public Service Sectoral Bargaining Council and Others (P 532/10) [2012] ZALCPE 12 (10 October 2012)

The court found that the commissioner’s award was reasonable and sustainable on the record. The applicant failed to prove that he was treated inconsistently, as the evidence regarding other employees was either not properly raised or was adequately explained by the respondent. The applicant’s argument that he was not responsible for the escape was rejected, as the evidence showed he failed to exercise reasonable care and did not raise the alarm during the attempted escape. The disciplinary process and the sanction of dismissal were found to be fair and appropriate under the circumstances. The review application was dismissed with costs.

Citation
[2012] ZALCPE 12
Parties
Applicant: Jongisango Wiseman Mbiza; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Anthony Mare N.O.; Respondent: Minister of Correctional Services
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
10 October 2012
Case Number
P 532/10
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed with costs.
Judges
AC Basson
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Consistency of Sanction, Dereliction of Duty
Labour Law Unfair Dismissal Disciplinary Procedure Consistency of Sanction Dereliction of Duty

Case Brief

Summary, issues, holding and outcome

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Parties

Jongisango Wiseman Mbiza

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Anthony Mare N.O.

Respondent

Minister of Correctional Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal was procedurally and substantively fair.
  2. 2 Whether the applicant was treated inconsistently compared to other employees.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The court found that the commissioner’s award was reasonable and sustainable on the record. The applicant failed to prove that he was treated inconsistently, as the evidence regarding other employees was either not properly raised or was adequately explained by the respondent. The applicant’s argument that he was not responsible for the escape was rejected, as the evidence showed he failed to exercise reasonable care and did not raise the alarm during the attempted escape. The disciplinary process and the sanction of dismissal were found to be fair and appropriate under the circumstances. The review application was dismissed with costs.

Court Disposition

Review application dismissed with costs.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the proceedings.