Phatela and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 2283-10) [2015] ZALCJHB 15 (27 January 2015)

Phatela and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 2283-10) [2015] ZALCJHB 15 (27 January 2015)

The court found that the arbitrator's award was reasonable and supported by the evidence. The applicants failed to dispute that the skirt was part of a range and marked down without managerial permission. The evidence indicated collaboration between the applicants to defraud the employer. The arbitrator's findings on procedural fairness were also upheld, as the applicants were given an opportunity to state their version. The grounds of review were either unsupported by specific facts or not raised during arbitration. The court applied the Herholdt test and concluded that the outcome reached by the arbitrator was one that a reasonable decision maker could reach. Accordingly, the review...

Citation
[2015] ZALCJHB 15
Parties
Applicant: Jennifer Phatela; Applicant: Sarabano Abdullah; Respondent: Commission for Conciliation, Mediation And Arbitration; Respondent: Dumusani Johannes Ngwenya (n.o.); Respondent: Picadilly (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 January 2015
Case Number
JR 2283-10
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Dishonesty in Employment
Labour Law Unfair Dismissal Review of Arbitration Award Procedural Fairness Dishonesty in Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Jennifer Phatela

Applicant

Sarabano Abdullah

Applicant

Commission for Conciliation, Mediation And Arbitration

Respondent

Dumusani Johannes Ngwenya (n.o.)

Respondent

Picadilly (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award dismissing the applicants for gross dishonesty was reasonable and supported by the evidence.
  2. 2 Whether the applicants were denied procedural fairness in the arbitration process.
  3. 3 Whether the arbitrator misconstrued the evidence or failed to consider relevant facts.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and supported by the evidence. The applicants failed to dispute that the skirt was part of a range and marked down without managerial permission. The evidence indicated collaboration between the applicants to defraud the employer. The arbitrator's findings on procedural fairness were also upheld, as the applicants were given an opportunity to state their version. The grounds of review were either unsupported by specific facts or not raised during arbitration. The court applied the Herholdt test and concluded that the outcome reached by the arbitrator was one that a reasonable decision maker could reach. Accordingly, the review...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.