Ndimeni v Meeg Bank Ltd (Bank of Transkei) (DA11/2007) [2009] ZALCD 29 (3 September 2009)

Ndimeni v Meeg Bank Ltd (Bank of Transkei) (DA11/2007) [2009] ZALCD 29 (3 September 2009)

The court found that the appellant had acted contrary to express written instructions by making payments against uncleared effects, resulting in significant losses to the respondent bank. The appellant failed to provide credible evidence that he was authorised by his superior to make the payments in question. The documentary and verbal evidence presented established a prima facie case against the appellant, which became conclusive in the absence of credible rebuttal. The court further held that the issue of the presiding judge's impartiality did not warrant a rehearing, as the dispute could be resolved on the probabilities and available evidence without reference to credibility findings....

Citation
[2009] ZALCD 29
Parties
Appellant: Sonwabiso Maxwell Ndimeni; Respondent: Meeg Bank Limited (Bank of Transkei)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
3 September 2009
Case Number
DA 11/2007
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs.
Judges
Davis, Jappie, Leeuw
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Onus of Proof, Impartiality of Judge
Labour Law Unfair Dismissal Disciplinary Procedure Onus of Proof Impartiality of Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Sonwabiso Maxwell Ndimeni

Appellant

Meeg Bank Limited (Bank of Transkei)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the appellant's dismissal was substantively fair.
  2. 2 Whether the appellant was guilty of misconduct in relation to the Dockrat account.
  3. 3 Whether the presiding judge in the court a quo lacked impartiality due to alleged commercial relationships with the respondent.

Ratio Decidendi

The court found that the appellant had acted contrary to express written instructions by making payments against uncleared effects, resulting in significant losses to the respondent bank. The appellant failed to provide credible evidence that he was authorised by his superior to make the payments in question. The documentary and verbal evidence presented established a prima facie case against the appellant, which became conclusive in the absence of credible rebuttal. The court further held that the issue of the presiding judge's impartiality did not warrant a rehearing, as the dispute could be resolved on the probabilities and available evidence without reference to credibility findings....

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.