Metcash Trading (Pty) Ltd v Tleko and Others (J2603/98) [2000] ZALC 50 (23 June 2000)

Metcash Trading (Pty) Ltd v Tleko and Others (J2603/98) [2000] ZALC 50 (23 June 2000)

The court found that the commissioner failed to properly assess the credibility of the witnesses and the evidence as a whole, constituting a gross irregularity. The evidence demonstrated that Ms Matheboku was not a credible witness, while the employer's witnesses were credible. The circumstances of the search, the failure to call corroborating witnesses, and inconsistencies in Ms Matheboku's version supported the conclusion that the spice belonged to the employer and was misappropriated. The dismissal was both substantively and procedurally fair, and the arbitration award was set aside.

Citation
[2000] ZALC 50
Parties
Applicant: Metcash Trading (Pty) Ltd; Respondent: C Tleko and Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 June 2000
Case Number
J2603/98
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award reinstating Ms Matheboku is reviewed and set aside. Her dismissal is found to be procedurally and substantively fair.
Judges
A A Landman
Legal Topics
Unfair Dismissal, Substantive Fairness, Procedural Fairness, Review of Arbitration Award, Theft in the Workplace
Labour Law Unfair Dismissal Substantive Fairness Procedural Fairness Review of Arbitration Award Theft in the Workplace

Case Brief

Summary, issues, holding and outcome

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Parties

Metcash Trading (Pty) Ltd

Applicant

C Tleko and Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the dismissal of Ms Matheboku was substantively and procedurally fair.
  2. 2 Whether the commissioner committed a gross irregularity in his reasoning and award.
  3. 3 Whether the evidence supported the finding that the spice belonged to the employer and was misappropriated.

Ratio Decidendi

The court found that the commissioner failed to properly assess the credibility of the witnesses and the evidence as a whole, constituting a gross irregularity. The evidence demonstrated that Ms Matheboku was not a credible witness, while the employer's witnesses were credible. The circumstances of the search, the failure to call corroborating witnesses, and inconsistencies in Ms Matheboku's version supported the conclusion that the spice belonged to the employer and was misappropriated. The dismissal was both substantively and procedurally fair, and the arbitration award was set aside.

Court Disposition

The arbitration award reinstating Ms Matheboku is reviewed and set aside. Her dismissal is found to be procedurally and substantively fair.

Orders

  • The award of the commissioner delivered on 3 August 1998 is reviewed and set aside.
  • It is substituted with a finding that Ms Matheboku's dismissal was procedurally and substantively fair.