Melelane Toyota v The Commission For Consiliation Mediation And Abitration (J1389/97) [1999] ZALC 15 (9 February 1999)

Melelane Toyota v The Commission For Consiliation Mediation And Abitration (J1389/97) [1999] ZALC 15 (9 February 1999)

The court found that the arbitrator failed to consider material evidence presented during the arbitration, particularly regarding the commission of the alleged offence by Ngwenya. The arbitrator was preoccupied with procedural aspects of the internal disciplinary process and did not assess the substantive fairness of the dismissal. Although procedural unfairness occurred due to initial failure to notify the union, this was later rectified. The evidence established that Ngwenya committed an act of dishonesty, destroying the trust relationship and making reinstatement inappropriate. The award of reinstatement was set aside and substituted with a finding of substantive fairness but...

Citation
[1999] ZALC 15
Parties
Applicant: Melelane Toyota; Respondent: The Commission For Conciliation Mediation And Arbitration; Respondent: Numsa; Respondent: Ngwenya
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 February 1999
Case Number
J1389/97
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award was reviewed and set aside. The dismissal was found to be substantively fair but procedurally unfair. Compensation was ordered in lieu of reinstatement.
Judges
Mlambo
Legal Topics
Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Dismissal for Misconduct, Compensation for Unfair Dismissal
Labour Law Administrative Law Review of Arbitration Award Procedural Fairness Substantive Fairness Dismissal for Misconduct Compensation for Unfair Dismissal

Case Brief

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Parties

Melelane Toyota

Applicant

The Commission For Conciliation Mediation And Arbitration

Respondent

Numsa

Respondent

Ngwenya

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator failed to consider material evidence presented by the applicant.
  2. 2 Whether the arbitrator misconceived the nature of his discretion and failed to properly apply his mind to the dispute.
  3. 3 Whether the arbitrator erred in holding that arbitration proceedings are not proceedings de novo.

Ratio Decidendi

The court found that the arbitrator failed to consider material evidence presented during the arbitration, particularly regarding the commission of the alleged offence by Ngwenya. The arbitrator was preoccupied with procedural aspects of the internal disciplinary process and did not assess the substantive fairness of the dismissal. Although procedural unfairness occurred due to initial failure to notify the union, this was later rectified. The evidence established that Ngwenya committed an act of dishonesty, destroying the trust relationship and making reinstatement inappropriate. The award of reinstatement was set aside and substituted with a finding of substantive fairness but...

Court Disposition

The arbitration award was reviewed and set aside. The dismissal was found to be substantively fair but procedurally unfair. Compensation was ordered in lieu of reinstatement.

Orders

  • The award made by the second respondent on 17 November 1997 is reviewed and set aside.
  • The dismissal by the employer of the employee is determined to be substantively fair but procedurally unfair.