Motor Industry Staff Association and Another v Silverton Spraypainters and Panelbeaters (Pty) Ltd and Others (JA 5/2011) [2012] ZALAC 42; (2013) 34 ILJ 1440 (LAC) (31 December 2012)

Motor Industry Staff Association and Another v Silverton Spraypainters and Panelbeaters (Pty) Ltd and Others (JA 5/2011) [2012] ZALAC 42; (2013) 34 ILJ 1440 (LAC) (31 December 2012)

The Labour Appeal Court held that the instruction for Mr van Jaarsveld to solicit work was not a unilateral change to his terms and conditions of employment but rather a permissible variation in work practice, justified by the company's operational requirements. The instruction was lawful and reasonable, and his persistent refusal constituted gross insubordination. The arbitrator's award, despite some imprecise legal phraseology, was reasonable and well-founded on the evidence. The procedural fairness of the disciplinary and appeal processes was upheld, as any potential irregularity in the internal appeal was cured by the de novo arbitration hearing. The dismissal was both substantively...

Citation
[2012] ZALAC 42
Parties
Appellant: Motor Industry Staff Association; Appellant: H. J. van Jaarsveld; Respondent: Silverton Spraypainters and Panelbeaters (Pty) Ltd; Respondent: Motor Industry Bargaining Council; Respondent: J. Moolman N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 December 2012
Case Number
JA 5/2011
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal dismissed. Dismissal of employee upheld as substantively and procedurally fair.
Judges
Ndlovu JA, Waglay DJP, Murphy AJA
Legal Topics
Unfair Dismissal, Insubordination, Unilateral Change of Terms, Procedural Fairness, Lawful Instruction, Review of Arbitration Award
Labour Law Unfair Dismissal Insubordination Unilateral Change of Terms Procedural Fairness Lawful Instruction Review of Arbitration Award

Case Brief

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Parties

Motor Industry Staff Association

Appellant

H. J. van Jaarsveld

Appellant

Silverton Spraypainters and Panelbeaters (Pty) Ltd

Respondent

Motor Industry Bargaining Council

Respondent

J. Moolman N.O.

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award

Legal Issues

  1. 1 Whether the employer's instruction to the employee to solicit work constituted a unilateral change to terms and conditions of employment or merely a change in working practice.
  2. 2 Whether the dismissal of the employee for insubordination was substantively and procedurally fair.
  3. 3 Whether the arbitration award was reviewable on the grounds of a material error of law or unreasonableness.

Ratio Decidendi

The Labour Appeal Court held that the instruction for Mr van Jaarsveld to solicit work was not a unilateral change to his terms and conditions of employment but rather a permissible variation in work practice, justified by the company's operational requirements. The instruction was lawful and reasonable, and his persistent refusal constituted gross insubordination. The arbitrator's award, despite some imprecise legal phraseology, was reasonable and well-founded on the evidence. The procedural fairness of the disciplinary and appeal processes was upheld, as any potential irregularity in the internal appeal was cured by the de novo arbitration hearing. The dismissal was both substantively...

Court Disposition

Appeal dismissed. Dismissal of employee upheld as substantively and procedurally fair.

Orders

  • The appeal is dismissed.
  • There is no order as to costs of the appeal.