Mkhonto v Mphahluli N.O and Others (JR 1436 / 2020) [2023] ZALCJHB 134 (10 May 2023)

Mkhonto v Mphahluli N.O and Others (JR 1436 / 2020) [2023] ZALCJHB 134 (10 May 2023)

The court found that the arbitrator's decision was reasonable and supported by the cumulative circumstantial evidence. The applicant's version that he gained access solely due to familiarity with security officers was improbable and unconvincing, given the strict permit requirements and the rotation of security staff. The evidence established that Mr Mkhonto was part of a lift club where fraudulent permits were created and used, and it was overwhelmingly probable that he accessed the premises with a fraudulent permit. The arbitrator's findings were not disconnected from the evidence and fell within the band of reasonableness. The application for condonation was granted, but the review...

Citation
[2023] ZALCJHB 134
Parties
Applicant: United National Transport Union obo S Mkhonto; Respondent: Joseph Mphahluli N.O; Respondent: Transnet Bargaining Council; Respondent: Transnet Engineering
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 May 2023
Case Number
JR 1436 / 2020
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation granted; review application dismissed; no order as to costs.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Condonation of Late Filing, Circumstantial Evidence, Fraudulent Misconduct
Labour Law Civil Procedure Unfair Dismissal Condonation of Late Filing Circumstantial Evidence Fraudulent Misconduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

United National Transport Union obo S Mkhonto

Applicant

Joseph Mphahluli N.O

Respondent

Transnet Bargaining Council

Respondent

Transnet Engineering

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the arbitrator's finding that Mr Mkhonto's dismissal was substantively and procedurally fair is reviewable.
  2. 2 Whether the circumstantial evidence was sufficient to support the finding of misconduct.
  3. 3 Whether condonation for the late filing of the review application should be granted.

Ratio Decidendi

The court found that the arbitrator's decision was reasonable and supported by the cumulative circumstantial evidence. The applicant's version that he gained access solely due to familiarity with security officers was improbable and unconvincing, given the strict permit requirements and the rotation of security staff. The evidence established that Mr Mkhonto was part of a lift club where fraudulent permits were created and used, and it was overwhelmingly probable that he accessed the premises with a fraudulent permit. The arbitrator's findings were not disconnected from the evidence and fell within the band of reasonableness. The application for condonation was granted, but the review...

Court Disposition

Application for condonation granted; review application dismissed; no order as to costs.

Orders

  • The late filing of the review application is condoned.
  • The review application is dismissed.