National Union of Mine Workers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR1779/10) [2014] ZALCJHB 384 (9 October 2014)

National Union of Mine Workers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR1779/10) [2014] ZALCJHB 384 (9 October 2014)

The court held that the Commissioner applied his mind to the material facts and arrived at a reasonable decision. The employee, a shop steward who helped formulate the zero-tolerance policy, knowingly breached the rule by entering the workplace after testing positive for alcohol. The Commissioner was not required to determine whether the employee was drunk to the extent of being unable to perform his duties, but rather whether he entered the workplace in breach of the policy. The explanation offered by the employee for entering the premises was rejected, and the Commissioner’s finding that the dismissal was fair was upheld. There was no gross irregularity or unreasonableness in the...

Citation
[2014] ZALCJHB 384
Parties
Applicant: National Union of Mine Workers; Applicant: Moiloa Bofolo; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner R Dibeng N.O; Respondent: Xstrata Coal SA Goedgevonden
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 October 2014
Case Number
JR1779/10
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
E Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Zero Tolerance Policy, Disciplinary Code, Substance Abuse in Workplace
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Zero Tolerance Policy Disciplinary Code Substance Abuse in Workplace

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

National Union of Mine Workers

Applicant

Moiloa Bofolo

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner R Dibeng N.O

Respondent

Xstrata Coal SA Goedgevonden

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of the employee to be fair was reviewable on grounds of gross irregularity or unreasonableness.
  2. 2 Whether the Commissioner correctly applied the zero-tolerance policy regarding alcohol in the workplace.
  3. 3 Whether the employee's entry into the workplace after testing positive for alcohol constituted a dismissible offence under the disciplinary code.

Ratio Decidendi

The court held that the Commissioner applied his mind to the material facts and arrived at a reasonable decision. The employee, a shop steward who helped formulate the zero-tolerance policy, knowingly breached the rule by entering the workplace after testing positive for alcohol. The Commissioner was not required to determine whether the employee was drunk to the extent of being unable to perform his duties, but rather whether he entered the workplace in breach of the policy. The explanation offered by the employee for entering the premises was rejected, and the Commissioner’s finding that the dismissal was fair was upheld. There was no gross irregularity or unreasonableness in the...

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The applicants’ application to review the arbitration award made by the Second Respondent under case number MP2918-10 dated 17 June 2010 is dismissed.
  • No order as to costs.