Mohlala v South African Post Office and Others (JR 737/10) [2013] ZALCJHB 244 (10 June 2013)

Mohlala v South African Post Office and Others (JR 737/10) [2013] ZALCJHB 244 (10 June 2013)

The Labour Court found that the commissioner's decision upholding the applicant's dismissal was not reasonable on the evidence. The commissioner failed to exercise caution in accepting hearsay evidence from an alleged accomplice, did not properly consider the applicant's contemporaneous note and telephone records supporting his version, and ignored the lack of direct evidence implicating the applicant. The delay of over two years in instituting disciplinary action was not justified by the employer's explanations and was grossly unfair. The employer's disciplinary procedures allowed for action even where criminal proceedings were pending, and the reasons for delay were inadequate. The...

Citation
[2013] ZALCJHB 244
Parties
Applicant: Fritz Letsoni Mohlala; Respondent: South African Post Office; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: M.J. Tsabane N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 June 2013
Case Number
JR 737/10
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award succeeds; the dismissal of the applicant is declared substantively unfair.
Judges
Haffegee
Legal Topics
Unfair Dismissal, Procedural Fairness, Delay in Disciplinary Action, Consistency in Discipline, Burden of Proof
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Delay in Disciplinary Action Consistency in Discipline Burden of Proof

Case Brief

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Parties

Fritz Letsoni Mohlala

Applicant

South African Post Office

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

M.J. Tsabane N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award upholding the applicant's dismissal was reasonable on the evidence before the commissioner.
  2. 2 Whether the applicant's dismissal was procedurally and substantively fair.
  3. 3 Whether the delay in instituting disciplinary action rendered the dismissal unfair.

Ratio Decidendi

The Labour Court found that the commissioner's decision upholding the applicant's dismissal was not reasonable on the evidence. The commissioner failed to exercise caution in accepting hearsay evidence from an alleged accomplice, did not properly consider the applicant's contemporaneous note and telephone records supporting his version, and ignored the lack of direct evidence implicating the applicant. The delay of over two years in instituting disciplinary action was not justified by the employer's explanations and was grossly unfair. The employer's disciplinary procedures allowed for action even where criminal proceedings were pending, and the reasons for delay were inadequate. The...

Court Disposition

Application to review and set aside the arbitration award succeeds; the dismissal of the applicant is declared substantively unfair.

Orders

  • The arbitration award made by the third respondent under the auspices of the second respondent under case number GATW 2543-09 dated 26 February 2010 is reviewed and set aside.
  • The dismissal of the applicant was substantively unfair.