Mtembu v Safety and Security Sectoral Bargaining Council and Others (JR2870/10) [2013] ZALCJHB 117 (11 June 2013)

Mtembu v Safety and Security Sectoral Bargaining Council and Others (JR2870/10) [2013] ZALCJHB 117 (11 June 2013)

The court found that the commissioner’s decision to uphold the applicant’s dismissal was reasonable and supported by the evidence. The applicant failed to testify at arbitration, leaving critical allegations—particularly the assault on Rossouw and the moonlighting charge—unchallenged. The evidence of Rossouw regarding the assault was not contradicted, and the documentary and witness evidence established that the applicant performed remunerated work outside his SAPS employment without written approval. The commissioner properly assessed the credibility of witnesses and the documentary record. The applicant’s strategy of relying solely on cross-examination and not leading his own evidence...

Citation
[2013] ZALCJHB 117
Parties
Applicant: Z T Mtembu; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: I A Sirkhot N O; Respondent: Minister of Safety and Security; Respondent: South African Police Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2013
Case Number
JR2870/10
Procedural Posture
Review Application / Judgment on Merits After Hearing
Outcome
Application for review dismissed; no order as to costs.
Judges
Snider
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Moonlighting, Burden of Proof, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Disciplinary Procedure Moonlighting Burden of Proof Review of Arbitration Award

Case Brief

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Parties

Z T Mtembu

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

I A Sirkhot N O

Respondent

Minister of Safety and Security

Respondent

South African Police Service

Respondent

Procedural Posture

Review Application / Judgment on Merits After Hearing

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant was reasonable and should be set aside.
  2. 2 Whether the applicant's failure to testify at arbitration undermined his case.
  3. 3 Whether the evidence supported findings of assault and moonlighting against the applicant.

Ratio Decidendi

The court found that the commissioner’s decision to uphold the applicant’s dismissal was reasonable and supported by the evidence. The applicant failed to testify at arbitration, leaving critical allegations—particularly the assault on Rossouw and the moonlighting charge—unchallenged. The evidence of Rossouw regarding the assault was not contradicted, and the documentary and witness evidence established that the applicant performed remunerated work outside his SAPS employment without written approval. The commissioner properly assessed the credibility of witnesses and the documentary record. The applicant’s strategy of relying solely on cross-examination and not leading his own evidence...

Court Disposition

Application for review dismissed; no order as to costs.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.