Msunduzi Municipality v Harris and Others (D544/13) [2015] ZALCD 69 (1 December 2015)

Msunduzi Municipality v Harris and Others (D544/13) [2015] ZALCD 69 (1 December 2015)

The court found that the Commissioner’s award was reasonable and justified. The employer failed to prove dishonesty on a balance of probabilities and did not lead evidence of an irretrievable breakdown of the trust relationship. The excessive delay in instituting disciplinary proceedings, without reasonable explanation, rendered the dismissal substantively unfair. The Commissioner’s findings fell within the band of reasonableness and did not constitute a material irregularity or deviation from the evidence. The review application was dismissed, and no order as to costs was made to facilitate the rebuilding of the employment relationship.

Citation
[2015] ZALCD 69
Parties
Applicant: Msunduzi Municipality; Respondent: Priscilla Harris; Respondent: Advocate P.E. van Zyl; Respondent: South African Local Government Bargaining Council (SALGBC)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
1 December 2015
Case Number
D544/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; Commissioner’s award upheld.
Judges
I. Pillay
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Delay in Disciplinary Action, Trust Relationship, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Delay in Disciplinary Action Trust Relationship Substantive Fairness

Case Brief

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Parties

Msunduzi Municipality

Applicant

Priscilla Harris

Respondent

Advocate P.E. van Zyl

Respondent

South African Local Government Bargaining Council (SALGBC)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner’s finding of substantive unfairness in the dismissal was reasonable and justified.
  2. 2 Whether the delay in instituting disciplinary proceedings rendered the dismissal unfair.
  3. 3 Whether the employer proved dishonesty or a breakdown of the trust relationship sufficient to justify dismissal.

Ratio Decidendi

The court found that the Commissioner’s award was reasonable and justified. The employer failed to prove dishonesty on a balance of probabilities and did not lead evidence of an irretrievable breakdown of the trust relationship. The excessive delay in instituting disciplinary proceedings, without reasonable explanation, rendered the dismissal substantively unfair. The Commissioner’s findings fell within the band of reasonableness and did not constitute a material irregularity or deviation from the evidence. The review application was dismissed, and no order as to costs was made to facilitate the rebuilding of the employment relationship.

Court Disposition

Review application dismissed; Commissioner’s award upheld.

Orders

  • The application for the review of the Second Respondent’s award is dismissed.
  • There shall be no order as to costs.