Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19; 167/2014 (2 August 2019)

Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19; 167/2014 (2 August 2019)

The court found that the applicant's dismissal was substantively fair, as his absence from work was due to his own criminal conduct resulting in imprisonment. The applicant admitted to being convicted of bribery and corruption, which directly related to his employment duties. The employer's failure to hold a disciplinary hearing rendered the dismissal procedurally unfair, but this was already addressed by the arbitrator's award of compensation. The court emphasized that rigid application of distinctions between criminal and disciplinary proceedings should be avoided, and the facts of each case must be considered. Given the applicant's conviction and the nature of his work, reinstatement...

Citation
[2019] ZALCCT 19
Parties
Applicant: Lucas Moeketsi Molehe; Respondent: Public Health and Social Development Sectoral Bargaining Council; Respondent: Abraham Nthako N.O.; Respondent: Head: Department of Social Development Free State Province
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 August 2019
Case Number
167/2014
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Rabkin-Naicker
Legal Topics
Dismissal for Incapacity, Procedural Fairness, Substantive Fairness, Criminal Vs Disciplinary Proceedings
Labour Law Civil Procedure Dismissal for Incapacity Procedural Fairness Substantive Fairness Criminal Vs Disciplinary Proceedings

Case Brief

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Parties

Lucas Moeketsi Molehe

Applicant

Public Health and Social Development Sectoral Bargaining Council

Respondent

Abraham Nthako N.O.

Respondent

Head: Department of Social Development Free State Province

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal for incapacity due to imprisonment was substantively fair.
  2. 2 Whether the employer's failure to hold a disciplinary hearing rendered the dismissal procedurally unfair.
  3. 3 Whether the arbitration award should be reviewed and substituted.

Ratio Decidendi

The court found that the applicant's dismissal was substantively fair, as his absence from work was due to his own criminal conduct resulting in imprisonment. The applicant admitted to being convicted of bribery and corruption, which directly related to his employment duties. The employer's failure to hold a disciplinary hearing rendered the dismissal procedurally unfair, but this was already addressed by the arbitrator's award of compensation. The court emphasized that rigid application of distinctions between criminal and disciplinary proceedings should be avoided, and the facts of each case must be considered. Given the applicant's conviction and the nature of his work, reinstatement...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.