Ninian & Lester (Pty) Limited v Commission for Conciliation Mediation & Arbitration and Others (D906/01) [2003] ZALC 49 (8 May 2003)

Ninian & Lester (Pty) Limited v Commission for Conciliation Mediation & Arbitration and Others (D906/01) [2003] ZALC 49 (8 May 2003)

The court found that the arbitration award issued by the Second Respondent was not rationally or objectively justifiable based on the evidence presented. The four Respondents were found to have committed serious misconduct involving gross dishonesty by fraudulently inflating their productivity and bonus earnings through the use of false or blank coupons. The court held that even if the Respondents acted on instructions from their supervisor, this did not excuse their conduct, as there is no legal justification for obeying an unlawful instruction when the employee knows it is unlawful. The seriousness of the misconduct rendered the continued employment relationship intolerable, and the...

Citation
[2003] ZALC 49
Parties
Applicant: Ninian & Lester (Pty) Limited; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: R J T McCann; Respondent: Eunice Babhekile Lange; Respondent: Florence Thoko Ngcongo; Respondent: Duduzile Witness Shabane; Respondent: Lilian Madlanga
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 May 2003
Case Number
D906/01
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Application for review granted; arbitration award set aside and substituted with a finding that the dismissal was both substantively and procedurally fair.
Judges
Ndlovu AJ
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Gross Dishonesty, Disciplinary Procedure
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Gross Dishonesty Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ninian & Lester (Pty) Limited

Applicant

Commission for Conciliation Mediation & Arbitration

Respondent

R J T McCann

Respondent

Eunice Babhekile Lange

Respondent

Florence Thoko Ngcongo

Respondent

Duduzile Witness Shabane

Respondent

Lilian Madlanga

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the Second Respondent was rationally justifiable based on the evidence presented.
  2. 2 Whether the dismissal of the four Respondents was substantively and procedurally fair.
  3. 3 Whether following an unlawful instruction from a supervisor constitutes a defence to misconduct.

Ratio Decidendi

The court found that the arbitration award issued by the Second Respondent was not rationally or objectively justifiable based on the evidence presented. The four Respondents were found to have committed serious misconduct involving gross dishonesty by fraudulently inflating their productivity and bonus earnings through the use of false or blank coupons. The court held that even if the Respondents acted on instructions from their supervisor, this did not excuse their conduct, as there is no legal justification for obeying an unlawful instruction when the employee knows it is unlawful. The seriousness of the misconduct rendered the continued employment relationship intolerable, and the...

Court Disposition

Application for review granted; arbitration award set aside and substituted with a finding that the dismissal was both substantively and procedurally fair.

Orders

  • The award issued on 21 May 2001 by Commissioner Dr R McCann under case No. KN16712 is reviewed and set aside.
  • It is substituted with the finding that the dismissal of the Applicants was both substantively and procedurally fair.