Moloko v Ntsoane and Others (JR 1568/02) [2004] ZALC 35; (2004) 25 ILJ 1067 (LC) (20 April 2004)

Moloko v Ntsoane and Others (JR 1568/02) [2004] ZALC 35; (2004) 25 ILJ 1067 (LC) (20 April 2004)

The court found that the arbitrator committed a gross irregularity by admitting hearsay evidence from Ms Van Zyl and unauthenticated video footage. The applicant was denied a fair opportunity to challenge the evidence, and the employer failed to establish a valid reason for dismissal. The disciplinary and arbitration procedures did not meet the requirements of natural justice and procedural fairness. Without admissible evidence of assault, the dismissal was both substantively and procedurally unfair. The arbitration award was set aside, and the applicant was ordered to be reinstated.

Citation
[2004] ZALC 35
Parties
Applicant: Moloko Salphina; Respondent: Commissioner Ntsoane Diale; Respondent: CCMA; Respondent: Hyperama (Mayville)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 April 2004
Case Number
JR 1568/02
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The dismissal of the applicant is declared both substantively and procedurally unfair. The applicant is to be reinstated. The counter-application is dismissed. No order as to costs.
Judges
Tokota
Legal Topics
Unfair Dismissal, Admissibility of Evidence, Natural Justice, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Admissibility of Evidence Natural Justice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Moloko Salphina

Applicant

Commissioner Ntsoane Diale

Respondent

CCMA

Respondent

Hyperama (Mayville)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by admitting hearsay evidence and unauthenticated video footage.
  2. 2 Whether the dismissal of the applicant was substantively and procedurally fair.
  3. 3 Whether the employer established a valid reason for dismissal based on admissible evidence.

Ratio Decidendi

The court found that the arbitrator committed a gross irregularity by admitting hearsay evidence from Ms Van Zyl and unauthenticated video footage. The applicant was denied a fair opportunity to challenge the evidence, and the employer failed to establish a valid reason for dismissal. The disciplinary and arbitration procedures did not meet the requirements of natural justice and procedural fairness. Without admissible evidence of assault, the dismissal was both substantively and procedurally unfair. The arbitration award was set aside, and the applicant was ordered to be reinstated.

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of the applicant is declared both substantively and procedurally unfair. The applicant is to be reinstated. The counter-application is dismissed. No order as to costs.

Orders

  • The award made by the first respondent dated 19 August 2002 is reviewed and set aside.
  • The dismissal of the applicant was both substantially and procedurally unfair.