Naicker v Commission for Conciliation, Mediation and Arbitration and Others (JR843/17) [2019] ZALCJHB 116 (21 May 2019)

Naicker v Commission for Conciliation, Mediation and Arbitration and Others (JR843/17) [2019] ZALCJHB 116 (21 May 2019)

The court found that the applicant persistently failed to comply with a clear, lawful, and reasonable instruction to copy her manager on emails, despite repeated reminders and an undertaking to comply. The applicant's conduct was not attributable to mere lapses or honest mistakes, but rather demonstrated a wilful and serious challenge to her manager's authority. The evidence showed that the applicant questioned her manager's competence and authority, further supporting a finding of gross insubordination. The Commissioner properly considered all relevant material, afforded the parties a fair hearing, and provided reasons that rationally supported the outcome. There was no basis to...

Citation
[2019] ZALCJHB 116
Parties
Applicant: Prabashnie Naicker; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Nomusa Mbhele N.O.; Respondent: Africa Flight Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2019
Case Number
JR843/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The application to review and set aside the arbitration award is dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Insubordination, Unfair Dismissal, Review of Arbitration Award, Progressive Discipline, Procedural Fairness
Labour Law Civil Procedure Insubordination Unfair Dismissal Review of Arbitration Award Progressive Discipline Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Prabashnie Naicker

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Nomusa Mbhele N.O.

Respondent

Africa Flight Services

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's conduct constituted insubordination justifying dismissal.
  2. 2 Whether the arbitration award was reviewable on grounds of unreasonableness or irregularity.
  3. 3 Whether the dismissal was procedurally and substantively fair.

Ratio Decidendi

The court found that the applicant persistently failed to comply with a clear, lawful, and reasonable instruction to copy her manager on emails, despite repeated reminders and an undertaking to comply. The applicant's conduct was not attributable to mere lapses or honest mistakes, but rather demonstrated a wilful and serious challenge to her manager's authority. The evidence showed that the applicant questioned her manager's competence and authority, further supporting a finding of gross insubordination. The Commissioner properly considered all relevant material, afforded the parties a fair hearing, and provided reasons that rationally supported the outcome. There was no basis to...

Court Disposition

The application to review and set aside the arbitration award is dismissed.

Orders

  • The applicant’s application to review and set aside the arbitration award issued by the Second Respondent under case number GAEK 11771-16 dated 12 April 2017 is dismissed.
  • There is no order as to costs.