NUMSA and Another v CCMA and Others (PR46/18) [2020] ZALCPE 8 (7 February 2020)

NUMSA and Another v CCMA and Others (PR46/18) [2020] ZALCPE 8 (7 February 2020)

The court found that the arbitrator's decision fell within the bounds of reasonableness and that no gross irregularity was committed. The substantive issue raised by the applicant was essentially procedural, as Ditchaba was dismissed for deliberate production of scrap rolls, which was the same reason advanced by the employer throughout. The evidence established that Ditchaba produced scrap rolls and provided incorrect measurements, amounting to dishonesty and misrepresentation. The arbitrator correctly upheld the employer's sanction, considering the seriousness of the misconduct and the absence of remorse. The application for review was therefore dismissed.

Citation
[2020] ZALCPE 8
Parties
Applicant: NUMSA; Applicant: Dillo Ditchaba; Respondent: CCMA; Respondent: Theodorous Potgieter N.O.; Respondent: Continental Tyre SA (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
7 February 2020
Case Number
PR46/18
Procedural Posture
Review Application / Opposed Review of Arbitration Award
Outcome
Application dismissed.
Judges
G N Moshoana
Legal Topics
Unfair Dismissal, Sanction Fairness, Gross Irregularity, Misrepresentation, Dishonesty
Labour Law Unfair Dismissal Sanction Fairness Gross Irregularity Misrepresentation Dishonesty

Case Brief

Summary, issues, holding and outcome

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Parties

NUMSA

Applicant

Dillo Ditchaba

Applicant

CCMA

Respondent

Theodorous Potgieter N.O.

Respondent

Continental Tyre SA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity in upholding the dismissal of Ditchaba.
  2. 2 Whether the sanction of dismissal imposed by the employer was fair under the circumstances.
  3. 3 Whether the arbitrator ignored or misconstrued material evidence.

Ratio Decidendi

The court found that the arbitrator's decision fell within the bounds of reasonableness and that no gross irregularity was committed. The substantive issue raised by the applicant was essentially procedural, as Ditchaba was dismissed for deliberate production of scrap rolls, which was the same reason advanced by the employer throughout. The evidence established that Ditchaba produced scrap rolls and provided incorrect measurements, amounting to dishonesty and misrepresentation. The arbitrator correctly upheld the employer's sanction, considering the seriousness of the misconduct and the absence of remorse. The application for review was therefore dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.