Moroka v Commission for Conciliation Mediation and Arbitration and Others (JR623/2003) [2007] ZALC 148 (25 June 2007)

Moroka v Commission for Conciliation Mediation and Arbitration and Others (JR623/2003) [2007] ZALC 148 (25 June 2007)

The applicant failed to establish any of the statutory or broader grounds for review of the arbitration award. The evidence showed that the applicant breached his employment contract by engaging in another business without the employer’s written consent, which was expressly prohibited. The arbitrator’s decision to uphold the dismissal was reasonable and justified, particularly given the overlap in business activities and the absence of consent. The sanction of dismissal was appropriate and considered in light of the Code of Good Practice. The review application was therefore dismissed.

Citation
[2007] ZALC 148
Parties
Applicant: Moroka, David Thivhulani; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Jowie, Teffo N.O; Respondent: Solar Vision (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
25 June 2007
Case Number
JR623/2003
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Review application dismissed with costs; condonation for late filing granted.
Judges
Ngalwana AJ
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Breach of Employment Contract, Conflict of Interest
Labour Law Review of Arbitration Award Condonation for Late Filing Breach of Employment Contract Conflict of Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Moroka, David Thivhulani

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Jowie, Teffo N.O

Respondent

Solar Vision (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicant established grounds for review under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant breached his employment contract by engaging in another business without consent.
  3. 3 Whether the sanction of dismissal was reasonable under the circumstances.

Ratio Decidendi

The applicant failed to establish any of the statutory or broader grounds for review of the arbitration award. The evidence showed that the applicant breached his employment contract by engaging in another business without the employer’s written consent, which was expressly prohibited. The arbitrator’s decision to uphold the dismissal was reasonable and justified, particularly given the overlap in business activities and the absence of consent. The sanction of dismissal was appropriate and considered in light of the Code of Good Practice. The review application was therefore dismissed.

Court Disposition

Review application dismissed with costs; condonation for late filing granted.

Orders

  • Condonation for late filing of the review application is granted.
  • The application for review and setting aside of the arbitration award is dismissed with costs.