Metrotoy (Pty) Ltd t/a Graig v Commissioner (Ntsumela) and Others (JR1372/08) [2010] ZALCJHB 11 (17 November 2010)

Metrotoy (Pty) Ltd t/a Graig v Commissioner (Ntsumela) and Others (JR1372/08) [2010] ZALCJHB 11 (17 November 2010)

The court held that the commissioner properly conducted separate inquiries into procedural and substantive fairness, as required by law. The commissioner found the dismissal procedurally fair because the employee was given an opportunity to attend the disciplinary hearing but acted irresponsibly by walking out....

Source-derived case information.

Citation
[2010] ZALCJHB 11
Parties
Applicant: Metrotoy (Pty) Ltd t/a John Craig; Respondent: Commissioner (K S Ntsumela); Respondent: The Commissioner for Conciliation, Mediation and Arbitration; Respondent: Eddie Manzini
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2010
Case Number
JR1372/08
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed. Costs awarded against the applicant.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Arbitration Review, Procedural Fairness, Substantive Fairness, Burden of Proof, Gross Irregularity
Labour Law Unfair Dismissal Arbitration Review Procedural Fairness Substantive Fairness Burden of Proof Gross Irregularity

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Parties

Metrotoy (Pty) Ltd t/a John Craig

Applicant

Commissioner (K S Ntsumela)

Respondent

The Commissioner for Conciliation, Mediation and Arbitration

Respondent

Eddie Manzini

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed gross irregularity or misconduct in the arbitration award.
  2. 2 Whether the dismissal of the third respondent was substantively and procedurally fair.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court held that the commissioner properly conducted separate inquiries into procedural and substantive fairness, as required by law. The commissioner found the dismissal procedurally fair because the employee was given an opportunity to attend the disciplinary hearing but acted irresponsibly by walking out. However, the commissioner found the dismissal substantively unfair, as the applicant failed to provide sufficient, corroborated evidence to justify the charges against the employee. The court found no gross irregularity or misconduct in the commissioner's reasoning or award. The applicant's complaints regarding bias, inaudible record portions, and the alleged automatic link between...

Court Disposition

Application to review and set aside the arbitration award is dismissed. Costs awarded against the applicant.

Orders

  • The application to review and set aside the arbitration award issued under case number LP 2515 dated 11 June 2008 is dismissed.
  • The applicant is to pay the costs of the third respondent.