Pillay v Safety and Security Sectoral Bargaining Council and Others (D774/14) [2015] ZALCD 65 (5 November 2015)

Pillay v Safety and Security Sectoral Bargaining Council and Others (D774/14) [2015] ZALCD 65 (5 November 2015)

The court found that the arbitrator's award was reasonable and justified. The evidence overwhelmingly supported the conclusion that the applicant accepted a bribe of R500 from Mr Smit and tore up a police docket in exchange. The applicant's version was found to be improbable and lacking credibility, especially given the absence of corroborating witnesses and missing documents. The procedural challenge regarding the missing transcript was dismissed, as the applicant failed to demonstrate any prejudice. The court held that the trust relationship between the applicant and the employer, as well as the public, was irretrievably broken due to the seriousness of the misconduct. The review...

Citation
[2015] ZALCD 65
Parties
Applicant: Asogan Pillay; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Commissioner A. Deyzel; Respondent: The South African Police Service
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 November 2015
Case Number
D774/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed. Dismissal of applicant upheld as substantively and procedurally fair.
Judges
Cele
Legal Topics
Unfair Dismissal, Misconduct, Admissibility of Evidence, Protected Disclosure, Disciplinary Procedure
Labour Law Civil Procedure Unfair Dismissal Misconduct Admissibility of Evidence Protected Disclosure Disciplinary Procedure

Case Brief

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Parties

Asogan Pillay

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

Commissioner A. Deyzel

Respondent

The South African Police Service

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal for alleged corruption was substantively and procedurally fair.
  2. 2 Whether the evidence obtained through a police trap was admissible in arbitration proceedings.
  3. 3 Whether the applicant was prejudiced by the absence of a transcript for his internal appeal.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and justified. The evidence overwhelmingly supported the conclusion that the applicant accepted a bribe of R500 from Mr Smit and tore up a police docket in exchange. The applicant's version was found to be improbable and lacking credibility, especially given the absence of corroborating witnesses and missing documents. The procedural challenge regarding the missing transcript was dismissed, as the applicant failed to demonstrate any prejudice. The court held that the trust relationship between the applicant and the employer, as well as the public, was irretrievably broken due to the seriousness of the misconduct. The review...

Court Disposition

Review application dismissed. Dismissal of applicant upheld as substantively and procedurally fair.

Orders

  • The review application is dismissed.
  • The applicant is ordered to pay the costs of the application.