Northam Platinum Mines v Shai NO and Others (JR 435/2008) [2011] ZALCJHB 188 (3 November 2011)

Northam Platinum Mines v Shai NO and Others (JR 435/2008) [2011] ZALCJHB 188 (3 November 2011)

The court found that the arbitrator committed reviewable irregularities by failing to consider material evidence and by entertaining an impermissible inference. Upon reviewing the evidence, the court concluded that the applicant proved, on a balance of probabilities, that the third respondent committed serious misconduct by decanting a sample, which had significant implications for the employer. The third respondent's long service and prior warnings did not mitigate the seriousness of the misconduct, and there was no reasonable prospect of reform. Therefore, the dismissal was substantively fair.

Citation
[2011] ZALCJHB 188
Parties
Applicant: Northam Platinum Mines; Respondent: P Shai (N.O.); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: NUM obo P Senyatsi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 November 2011
Case Number
JR 435/2008
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The dismissal of the third respondent is found to be substantively fair.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Substantive Fairness, Misconduct, Dismissal, Evidence Evaluation
Labour Law Review of Arbitration Award Substantive Fairness Misconduct Dismissal Evidence Evaluation

Case Brief

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Parties

Northam Platinum Mines

Applicant

P Shai (N.O.)

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

NUM obo P Senyatsi

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Did the arbitrator commit reviewable irregularities in evaluating the evidence?
  2. 2 Was the third respondent's dismissal substantively fair?
  3. 3 Did the arbitrator entertain impermissible inferences in his findings?

Ratio Decidendi

The court found that the arbitrator committed reviewable irregularities by failing to consider material evidence and by entertaining an impermissible inference. Upon reviewing the evidence, the court concluded that the applicant proved, on a balance of probabilities, that the third respondent committed serious misconduct by decanting a sample, which had significant implications for the employer. The third respondent's long service and prior warnings did not mitigate the seriousness of the misconduct, and there was no reasonable prospect of reform. Therefore, the dismissal was substantively fair.

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of the third respondent is found to be substantively fair.

Orders

  • The arbitration award of the first respondent issued on 17 March 2008 under CCMA case number LP 2308-04 is reviewed and set aside.
  • The findings of the arbitrator are substituted with a finding that the third respondent’s dismissal was substantively fair.