Molatudi v Sikwane NO and Others (JR3289/11) [2014] ZALCJHB 11 (24 January 2014)

Molatudi v Sikwane NO and Others (JR3289/11) [2014] ZALCJHB 11 (24 January 2014)

The court held that the mere fact that two employees faced the same charges but received different outcomes does not, without more, establish inconsistent application of discipline. The applicant failed to provide evidence of the disciplinary proceedings against the other employee or to demonstrate similarity of...

Source-derived case information.

Citation
[2014] ZALCJHB 11
Parties
Applicant: Adelaide Ntsako Molatudi; Respondent: Lerato Sikwane, N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pick ‘N Pay Pharmacies
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2014
Case Number
JR3289/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
Mooki
Legal Topics
Unfair Dismissal, Inconsistent Discipline, Compensation Award, Procedural Fairness, Review of Arbitration
Labour Law Civil Procedure Unfair Dismissal Inconsistent Discipline Compensation Award Procedural Fairness Review of Arbitration

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Summary, issues, holding and outcome

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Parties

Adelaide Ntsako Molatudi

Applicant

Lerato Sikwane, N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Pick ‘N Pay Pharmacies

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner erred in finding no inconsistency in the application of discipline between the applicant and another employee.
  2. 2 Whether the Commissioner failed to provide adequate reasons for the compensation awarded.
  3. 3 Whether the applicant was denied a fair opportunity to cross-examine a witness on the issue of consistency.

Ratio Decidendi

The court held that the mere fact that two employees faced the same charges but received different outcomes does not, without more, establish inconsistent application of discipline. The applicant failed to provide evidence of the disciplinary proceedings against the other employee or to demonstrate similarity of circumstances. The Commissioner’s refusal to allow cross-examination of a witness on consistency was an error, but not material enough to render the award reviewable. The Commissioner’s compensation award, though lacking detailed reasons, was not so unreasonable as to warrant interference, especially since the applicant did not provide evidence on factors such as length of service...

Court Disposition

Application dismissed.

Orders

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