Mlondobozi v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR2447/11) [2015] ZALCJHB 372 (27 October 2015)

Mlondobozi v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR2447/11) [2015] ZALCJHB 372 (27 October 2015)

The court found that the arbitrator's decision fell within the band of reasonableness. The applicant's use of the employer's letterhead and instruction to his personal assistant created a reasonable impression of authority and misrepresentation. The reference to a partnership with Dr Banda and involvement in deals...

Source-derived case information.

Citation
[2015] ZALCJHB 372
Parties
Applicant: Solly Mlondobozi; Respondent: Commission for Conciliation, Mediation and Arbitration (CCMA); Respondent: Commissioner Mohamed Raffee; Respondent: ABSA Bank Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 October 2015
Case Number
JR2447/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed; no order as to costs.
Judges
Pillay AJ
Legal Topics
Unfair Dismissal, Misrepresentation, Conflict of Interest, Procedural Fairness, Substantive Fairness
Labour Law Unfair Dismissal Misrepresentation Conflict of Interest Procedural Fairness Substantive Fairness

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Summary, issues, holding and outcome

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Parties

Solly Mlondobozi

Applicant

Commission for Conciliation, Mediation and Arbitration (CCMA)

Respondent

Commissioner Mohamed Raffee

Respondent

ABSA Bank Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed gross irregularity or misconduct in finding the dismissal was fair.
  2. 2 Whether the applicant's use of the employer's letterhead constituted misrepresentation and lack of authority.
  3. 3 Whether the applicant's relationship with Dr Banda created a conflict of interest.

Ratio Decidendi

The court found that the arbitrator's decision fell within the band of reasonableness. The applicant's use of the employer's letterhead and instruction to his personal assistant created a reasonable impression of authority and misrepresentation. The reference to a partnership with Dr Banda and involvement in deals constituted a conflict of interest, breaching the employer's policies. The arbitrator's consideration of the applicant's seniority was relevant, especially in the banking industry. The applicant failed to demonstrate any reviewable irregularity or that the arbitrator's decision was one that no reasonable decision-maker could reach. The sanction of dismissal was appropriate given...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.