National Union of Mineworkers and Another v Mogale Gold, A Division of Mintails (SA) (Pty) Ltd (JA11/2014) [2015] ZALAC 32; [2015] 10 BLLR 1016 (LAC); (2015) 36 ILJ 2815 (LAC) (22 July 2015)

National Union of Mineworkers and Another v Mogale Gold, A Division of Mintails (SA) (Pty) Ltd (JA11/2014) [2015] ZALAC 32; [2015] 10 BLLR 1016 (LAC); (2015) 36 ILJ 2815 (LAC) (22 July 2015)

The Labour Appeal Court held that the Labour Court erred in reviewing and setting aside the arbitration award. The circumstantial evidence relied upon by the employer did not establish, on a balance of probabilities, that the second appellant colluded in the theft of gold. The facts from which inferences were drawn were not proven or were speculative, and there was no direct evidence linking the second appellant to the misconduct. The arbitrator, as the primary decision-maker, was entitled to accept the second appellant's testimony and find that the dismissal was substantively unfair. The appeal was upheld, and the order of reinstatement confirmed.

Citation
[2015] ZALAC 32
Parties
Appellant: National Union of Mineworkers; Appellant: Goodman Mokoena; Respondent: Mogale Gold, A Division of Mintails (SA) (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
22 July 2015
Case Number
JA 11/2014
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal upheld; Labour Court judgment set aside; arbitration award reinstated.
Judges
Tlaletsi, Landman, Sutherland
Legal Topics
Unfair Dismissal, Circumstantial Evidence, Arbitration Review, Reinstatement, Polygraph Evidence
Labour Law Civil Procedure Unfair Dismissal Circumstantial Evidence Arbitration Review Reinstatement Polygraph Evidence

Case Brief

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Parties

National Union of Mineworkers

Appellant

Goodman Mokoena

Appellant

Mogale Gold, A Division of Mintails (SA) (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether the Labour Court erred in reviewing and setting aside the arbitration award reinstating the employee.
  2. 2 Whether circumstantial evidence presented by the employer was sufficient to prove collusion in the theft of gold.
  3. 3 Whether the arbitrator's decision was one that a reasonable decision-maker could reach.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court erred in reviewing and setting aside the arbitration award. The circumstantial evidence relied upon by the employer did not establish, on a balance of probabilities, that the second appellant colluded in the theft of gold. The facts from which inferences were drawn were not proven or were speculative, and there was no direct evidence linking the second appellant to the misconduct. The arbitrator, as the primary decision-maker, was entitled to accept the second appellant's testimony and find that the dismissal was substantively unfair. The appeal was upheld, and the order of reinstatement confirmed.

Court Disposition

Appeal upheld; Labour Court judgment set aside; arbitration award reinstated.

Orders

  • The appeal is upheld with costs.
  • The judgment of the Labour Court is set aside; the arbitration award stands.