Mphahlele v Coreslab (JR759/12) [2017] ZALCJHB 130 (12 April 2017)

Mphahlele v Coreslab (JR759/12) [2017] ZALCJHB 130 (12 April 2017)

The court found that the commissioner failed to properly consider all relevant factors in determining the fairness of the dismissal, particularly the existence of a final written warning for similar misconduct and the employer’s reasons for imposing the sanction. The commissioner’s approach was inconsistent with the guidance provided in Sidumo, as she substituted her own sense of fairness without adequately assessing the employer’s decision. The instruction given to Mr Mphahlele was found to fall within his job responsibilities, and the applicant failed to prove that it was unreasonable or unlawful. Consequently, the award was reviewed and set aside, and the dismissal was found to be fair.

Citation
[2017] ZALCJHB 130
Parties
Applicant: David Mphahlele; Respondent: Coreslab
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 April 2017
Case Number
JR759/12
Procedural Posture
Review Application / Judgment
Outcome
The review application succeeded; the arbitration award was set aside and replaced with an order that the dismissal was fair. The counter-review was dismissed and costs were awarded against the third respondent.
Judges
G Moshoana
Legal Topics
Insubordination, Unfair Dismissal, Review of Arbitration Award, Evidentiary Burden, Sanction Fairness
Labour Law Insubordination Unfair Dismissal Review of Arbitration Award Evidentiary Burden Sanction Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

David Mphahlele

Applicant

Coreslab

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s award regarding the sanction imposed by the employer was reasonable.
  2. 2 Whether the instruction given to Mr Mphahlele fell within his job responsibilities and was lawful and reasonable.
  3. 3 Whether the commissioner properly considered all relevant factors in determining the fairness of the dismissal.

Ratio Decidendi

The court found that the commissioner failed to properly consider all relevant factors in determining the fairness of the dismissal, particularly the existence of a final written warning for similar misconduct and the employer’s reasons for imposing the sanction. The commissioner’s approach was inconsistent with the guidance provided in Sidumo, as she substituted her own sense of fairness without adequately assessing the employer’s decision. The instruction given to Mr Mphahlele was found to fall within his job responsibilities, and the applicant failed to prove that it was unreasonable or unlawful. Consequently, the award was reviewed and set aside, and the dismissal was found to be fair.

Court Disposition

The review application succeeded; the arbitration award was set aside and replaced with an order that the dismissal was fair. The counter-review was dismissed and costs were awarded against the third respondent.

Orders

  • The award issued by the second respondent is reviewed and set aside and replaced with an order that the dismissal was fair.
  • The counter-review application is dismissed.