Nel v Construction Education and Training Authority and Others (PA3/17) [2018] ZALAC 16 (10 July 2018)

Nel v Construction Education and Training Authority and Others (PA3/17) [2018] ZALAC 16 (10 July 2018)

The Labour Appeal Court held that the Labour Court did not err in condoning the late filing and reinstatement of the review, as the delay was adequately explained and the prospects of success were strong. On the merits, the appellant’s failure to disclose the existence of the third gift card with a credit balance constituted dishonest conduct, which destroyed the trust relationship essential to the employment contract. The commissioner’s award was unreasonable as it failed to consider the full pattern of conduct and the seriousness of the misconduct. The dismissal was both substantively and procedurally fair, and the appeal was dismissed.

Citation
[2018] ZALAC 16
Parties
Appellant: Belinda Nel; Respondent: Construction Education and Training Authority; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Jonathan N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 July 2018
Case Number
PA3/17
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal dismissed.
Judges
Waglay, Phatshoane, Musi
Legal Topics
Unfair Dismissal, Dishonesty in Employment, Condonation of Late Filing, Arbitration Review, Procedural Fairness, Substantive Fairness
Labour Law Unfair Dismissal Dishonesty in Employment Condonation of Late Filing Arbitration Review Procedural Fairness Substantive Fairness

Case Brief

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Parties

Belinda Nel

Appellant

Construction Education and Training Authority

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Jonathan N.O.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Labour Court erred in condoning the late filing and reinstatement of the review application.
  2. 2 Whether the commissioner’s arbitration award was disconnected from the evidence and unreasonable.
  3. 3 Whether the appellant’s dismissal was substantively and procedurally fair, particularly regarding allegations of dishonesty and fraud.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court did not err in condoning the late filing and reinstatement of the review, as the delay was adequately explained and the prospects of success were strong. On the merits, the appellant’s failure to disclose the existence of the third gift card with a credit balance constituted dishonest conduct, which destroyed the trust relationship essential to the employment contract. The commissioner’s award was unreasonable as it failed to consider the full pattern of conduct and the seriousness of the misconduct. The dismissal was both substantively and procedurally fair, and the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.