Moeketsi v Transnet Bargaining Council (JR 1620/15) [2018] ZALCJHB 398 (5 December 2018)

Moeketsi v Transnet Bargaining Council (JR 1620/15) [2018] ZALCJHB 398 (5 December 2018)

The court found that the arbitrator correctly determined the applicant's conduct amounted to dishonesty, which is a serious breach of the employment relationship and justifies dismissal. The applicant, as a senior employee, should have been aware of the consequences of signing a misleading document. The evidence established that the agreement presented in mitigation was backdated and falsely suggested the applicant's involvement in resolving the dispute. The arbitrator's reasoning was sound, and the award was reasonable and unassailable. Mitigating circumstances, including any remorse, did not outweigh the seriousness of the misconduct.

Citation
[2018] ZALCJHB 398
Parties
Applicant: Nkotoloane Moeketsi; Respondent: Transnet Bargaining Council; Respondent: Panellist Tshepo Mashigo; Respondent: Transnet Engineering
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2018
Case Number
JR 1620/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
P Nkutha-Nkontwana
Legal Topics
Dishonesty in Employment, Review of Arbitration Award, Gross Misconduct, Employment Trust Relationship
Labour Law Dishonesty in Employment Review of Arbitration Award Gross Misconduct Employment Trust Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Nkotoloane Moeketsi

Applicant

Transnet Bargaining Council

Respondent

Panellist Tshepo Mashigo

Respondent

Transnet Engineering

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator misdirected himself in finding the applicant guilty of dishonesty.
  2. 2 Whether the sanction of dismissal for dishonesty was reasonable and justified.
  3. 3 Whether the arbitrator failed to consider mitigating and aggravating circumstances in determining the sanction.

Ratio Decidendi

The court found that the arbitrator correctly determined the applicant's conduct amounted to dishonesty, which is a serious breach of the employment relationship and justifies dismissal. The applicant, as a senior employee, should have been aware of the consequences of signing a misleading document. The evidence established that the agreement presented in mitigation was backdated and falsely suggested the applicant's involvement in resolving the dispute. The arbitrator's reasoning was sound, and the award was reasonable and unassailable. Mitigating circumstances, including any remorse, did not outweigh the seriousness of the misconduct.

Court Disposition

The review application is dismissed.

Orders

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