Motsaathebe v Juries-Van Staden NO and Others (JR1138/08) [2013] ZALCJHB 240 (3 October 2013)

Motsaathebe v Juries-Van Staden NO and Others (JR1138/08) [2013] ZALCJHB 240 (3 October 2013)

The court found that the arbitrator's conclusions were reasonable and supported by the evidence. The applicant failed to substantiate his claims that his absence was justified or that the disciplinary enquiry was fabricated. The arbitrator considered all relevant evidence, including the testimony of the employer's witnesses and the minutes of the disciplinary enquiry. The applicant's version was inconsistent and unsupported. The finding that the dismissal was both procedurally and substantively fair was upheld, and the review application was dismissed.

Citation
[2013] ZALCJHB 240
Parties
Applicant: Edwin M Motsaathebe; Respondent: Commissioner Ronelda Juries-Van Staden (n.o.); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: NSA Security Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 October 2013
Case Number
JR1138/08
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
R Lagrange
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Unauthorised Absenteeism, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Unauthorised Absenteeism Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Edwin M Motsaathebe

Applicant

Commissioner Ronelda Juries-Van Staden (n.o.)

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

NSA Security Services

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator failed to consider relevant evidence regarding the applicant's absence from work.
  2. 2 Whether the disciplinary enquiry on 14 December 2007 was properly conducted and not fabricated.
  3. 3 Whether the arbitrator's findings on substantive and procedural fairness of the dismissal were reasonable.

Ratio Decidendi

The court found that the arbitrator's conclusions were reasonable and supported by the evidence. The applicant failed to substantiate his claims that his absence was justified or that the disciplinary enquiry was fabricated. The arbitrator considered all relevant evidence, including the testimony of the employer's witnesses and the minutes of the disciplinary enquiry. The applicant's version was inconsistent and unsupported. The finding that the dismissal was both procedurally and substantively fair was upheld, and the review application was dismissed.

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.