McMaster v Commission for Conciliation Mediation and Arbitration and Others (C37/2020) [2022] ZALCCT 3 (18 January 2022)

McMaster v Commission for Conciliation Mediation and Arbitration and Others (C37/2020) [2022] ZALCCT 3 (18 January 2022)

The Court found that the Commissioner misconceived the nature of the enquiry by treating the applicant's conduct as misconduct rather than incapacity or poor performance. The evidence showed that the applicant was not provided with her job description until her disciplinary hearing and that performance counselling was not properly pursued. The Commissioner failed to take into account material circumstances, including the impact of restructuring and the new IT system on the applicant's ability to perform her duties. The Court held that the dismissal was substantively unfair and that compensation, rather than reinstatement, was the just and equitable remedy given the circumstances.

Citation
[2022] ZALCCT 3
Parties
Applicant: Linda McMaster; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Gail McEwan N.O.; Respondent: Astral Operations Limited t/a County Fair Foods
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
18 January 2022
Case Number
C37/2020
Procedural Posture
Review Application / Opposed Review of Arbitration Award
Outcome
The arbitration award was reviewed and set aside. The applicant's dismissal was declared substantively unfair. The third respondent was ordered to pay compensation equivalent to six months' salary.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Misconduct Vs Incapacity, Compensation for Unfair Dismissal, Arbitration Review, Performance Counselling
Labour Law Unfair Dismissal Misconduct Vs Incapacity Compensation for Unfair Dismissal Arbitration Review Performance Counselling

Case Brief

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Parties

Linda McMaster

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Gail McEwan N.O.

Respondent

Astral Operations Limited t/a County Fair Foods

Respondent

Procedural Posture

Review Application / Opposed Review of Arbitration Award

Legal Issues

  1. 1 Did the Commissioner misconceive the nature of the enquiry by treating the matter as misconduct rather than incapacity or poor performance?
  2. 2 Was the applicant's dismissal substantively fair?
  3. 3 Did the Commissioner properly consider and weigh the applicant's evidence and the appropriateness of the sanction of dismissal?

Ratio Decidendi

The Court found that the Commissioner misconceived the nature of the enquiry by treating the applicant's conduct as misconduct rather than incapacity or poor performance. The evidence showed that the applicant was not provided with her job description until her disciplinary hearing and that performance counselling was not properly pursued. The Commissioner failed to take into account material circumstances, including the impact of restructuring and the new IT system on the applicant's ability to perform her duties. The Court held that the dismissal was substantively unfair and that compensation, rather than reinstatement, was the just and equitable remedy given the circumstances.

Court Disposition

The arbitration award was reviewed and set aside. The applicant's dismissal was declared substantively unfair. The third respondent was ordered to pay compensation equivalent to six months' salary.

Orders

  • The Award under case number WECT 4269-18 is reviewed and set aside and substituted as follows:
  • The dismissal of the applicant was substantively unfair.