Mlaba v Masonite (Africa) Limited (D241/97) [1998] ZALC 129 (15 January 1998)

Mlaba v Masonite (Africa) Limited (D241/97) [1998] ZALC 129 (15 January 1998)

The Court found that the instruction requiring the applicant to work beyond five continuous hours without a proper meal interval was unlawful under section 7 of the Basic Conditions of Employment Act. The arbitrator failed to consider the relevant statutory provisions, resulting in a material error of law and a gross irregularity in the proceedings. The dismissal was therefore substantively unfair, and the arbitration award upholding the dismissal was reviewable and must be set aside. Given the absence of any evidence that reinstatement would be inappropriate and the primary status of reinstatement as a remedy under section 193(2) of the Labour Relations Act, the Court ordered the...

Citation
[1998] ZALC 129
Parties
Applicant: Robert Mphikeleli Mlaba; Respondent: Masonite (Africa) Limited; Respondent: Garth Jenkin; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 January 1998
Case Number
D241/97
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award set aside; applicant reinstated with retrospective effect; costs awarded to applicant.
Judges
R M M Zondo
Legal Topics
Unfair Dismissal, Basic Conditions of Employment Act, Meal Intervals, Arbitration Review, Reinstatement
Labour Law Unfair Dismissal Basic Conditions of Employment Act Meal Intervals Arbitration Review Reinstatement

Case Brief

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Parties

Robert Mphikeleli Mlaba

Applicant

Masonite (Africa) Limited

Respondent

Garth Jenkin

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the instruction given to the applicant to work beyond five continuous hours without a proper meal interval was lawful under section 7 of the Basic Conditions of Employment Act.
  2. 2 Whether the applicant's dismissal for refusing to comply with the amended working hours was substantively fair.
  3. 3 Whether the arbitration award upholding the dismissal was reviewable due to a material error of law.

Ratio Decidendi

The Court found that the instruction requiring the applicant to work beyond five continuous hours without a proper meal interval was unlawful under section 7 of the Basic Conditions of Employment Act. The arbitrator failed to consider the relevant statutory provisions, resulting in a material error of law and a gross irregularity in the proceedings. The dismissal was therefore substantively unfair, and the arbitration award upholding the dismissal was reviewable and must be set aside. Given the absence of any evidence that reinstatement would be inappropriate and the primary status of reinstatement as a remedy under section 193(2) of the Labour Relations Act, the Court ordered the...

Court Disposition

Arbitration award set aside; applicant reinstated with retrospective effect; costs awarded to applicant.

Orders

  • The second respondent's arbitration award of 21 May 1997 is reviewed and set aside.
  • The first respondent is ordered to immediately reinstate the applicant in his former position on terms and conditions no less favourable than those prior to dismissal.