Moen v Qube Systems Proprietary Limited and Others (JA107/2015) [2017] ZALAC 31; [2017] 11 BLLR 1096 (LAC); (2017) 38 ILJ 2712 (LAC) (31 May 2017)

Moen v Qube Systems Proprietary Limited and Others (JA107/2015) [2017] ZALAC 31; [2017] 11 BLLR 1096 (LAC); (2017) 38 ILJ 2712 (LAC) (31 May 2017)

The Labour Court erred by applying an incorrect test for review, conflating the standards for review and appeal. The proper test is whether the arbitrator's decision is one that a reasonable decision-maker could not reach. The evidence did not establish that the appellant acted with gross dishonesty or misconduct in activating the SMS notification service; the bank error was not attributable to him. The company resolution relied upon by the respondents did not cover the in-contact facility for credit cards. The arbitrator's finding that the dismissal was substantively and procedurally unfair was not unreasonable. The compensation awarded was within the arbitrator's discretion and not...

Citation
[2017] ZALAC 31
Parties
Appellant: Henk Moen; Respondent: Qube Systems Proprietary Limited; Respondent: Qube Manufacturing Proprietary Limited; Respondent: Qube Technical Services Proprietary Limited; Respondent: Qube Property Holdings Proprietary Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 May 2017
Case Number
JA107/2015
Procedural Posture
Civil Appeal / Appeal From Labour Court Review Judgment
Outcome
Appeal upheld. The order of the Labour Court is set aside and replaced with dismissal of the review application. The arbitrator's award of compensation is reinstated.
Judges
Waglay, Davis, Kathree-Setiloane
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Gross Dishonesty, Fiduciary Duties, Compensation Award
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Gross Dishonesty Fiduciary Duties Compensation Award

Case Brief

Summary, issues, holding and outcome

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Parties

Henk Moen

Appellant

Qube Systems Proprietary Limited

Respondent

Qube Manufacturing Proprietary Limited

Respondent

Qube Technical Services Proprietary Limited

Respondent

Qube Property Holdings Proprietary Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Review Judgment

Legal Issues

  1. 1 Whether the Labour Court applied the correct test for review of a CCMA arbitration award.
  2. 2 Whether the dismissal of the appellant was substantively and procedurally unfair.
  3. 3 Whether the compensation awarded by the arbitrator was reasonable and justified.

Ratio Decidendi

The Labour Court erred by applying an incorrect test for review, conflating the standards for review and appeal. The proper test is whether the arbitrator's decision is one that a reasonable decision-maker could not reach. The evidence did not establish that the appellant acted with gross dishonesty or misconduct in activating the SMS notification service; the bank error was not attributable to him. The company resolution relied upon by the respondents did not cover the in-contact facility for credit cards. The arbitrator's finding that the dismissal was substantively and procedurally unfair was not unreasonable. The compensation awarded was within the arbitrator's discretion and not...

Court Disposition

Appeal upheld. The order of the Labour Court is set aside and replaced with dismissal of the review application. The arbitrator's award of compensation is reinstated.

Orders

  • The appeal succeeds with costs.
  • The order of the Labour Court is set aside and replaced with: 'The application is dismissed.'