Mtshwene v Glencore Operations South Africa (Pty) Ltd (Lion Ferrochome) (JA62/2017) [2018] ZALAC 31; [2019] 3 BLLR 219 (LAC); (2019) 40 ILJ 507 (LAC) (8 November 2018)

Mtshwene v Glencore Operations South Africa (Pty) Ltd (Lion Ferrochome) (JA62/2017) [2018] ZALAC 31; [2019] 3 BLLR 219 (LAC); (2019) 40 ILJ 507 (LAC) (8 November 2018)

The Labour Appeal Court held that the explanation for the delay in filing the cross-review was inadequate and lacked substance. The cross-review had no reasonable prospects of success, as the appellant was found to be responsible for supervising the contractor and ensuring proper installation of the refractory lining. The evidence showed that the appellant failed in his duties, did not complete the required checklist, and attempted to shift blame. The subordinate was not similarly circumstanced, and there was no evidence of inconsistent discipline. The commissioner’s finding of substantive unfairness was unreasonable and not supported by the evidence. The Labour Court was correct in...

Citation
[2018] ZALAC 31
Parties
Appellant: Soul Mtshwene; Respondent: Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
8 November 2018
Case Number
JA62/2017
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment Dismissing Condonation Application and Upholding Employer's Review
Outcome
Appeal dismissed with no order as to costs.
Judges
Phatshoane, Murphy, Savage
Legal Topics
Unfair Dismissal, Condonation, Review of Arbitration Award, Inconsistent Discipline, Negligence
Labour Law Civil Procedure Unfair Dismissal Condonation Review of Arbitration Award Inconsistent Discipline Negligence

Case Brief

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Parties

Soul Mtshwene

Appellant

Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome)

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment Dismissing Condonation Application and Upholding Employer's Review

Legal Issues

  1. 1 Whether the Labour Court erred in dismissing the application for condonation for the late filing of the cross-review.
  2. 2 Whether the commissioner’s finding of substantive unfairness due to inconsistent discipline was reasonable.
  3. 3 Whether the appellant was guilty of negligence resulting in financial loss to the employer.

Ratio Decidendi

The Labour Appeal Court held that the explanation for the delay in filing the cross-review was inadequate and lacked substance. The cross-review had no reasonable prospects of success, as the appellant was found to be responsible for supervising the contractor and ensuring proper installation of the refractory lining. The evidence showed that the appellant failed in his duties, did not complete the required checklist, and attempted to shift blame. The subordinate was not similarly circumstanced, and there was no evidence of inconsistent discipline. The commissioner’s finding of substantive unfairness was unreasonable and not supported by the evidence. The Labour Court was correct in...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.