Pinn v CCI Call Centre (Pty) Ltd and Others (D201/2020) [2024] ZALCD 1; [2024] 4 BLLR 422 (LC); (2024) 45 ILJ 1058 (LC) (16 January 2024)

Pinn v CCI Call Centre (Pty) Ltd and Others (D201/2020) [2024] ZALCD 1; [2024] 4 BLLR 422 (LC); (2024) 45 ILJ 1058 (LC) (16 January 2024)

The court found that the Commissioner erred in failing to order reinstatement after finding the dismissal substantively unfair. The evidence did not support a conclusion that the employment relationship between the applicant and his superior had irretrievably broken down. The superior, Mr. Bridgmohan, indicated willingness to work with the applicant and mend the relationship. The Commissioner improperly relied on inadmissible, without prejudice settlement discussions and failed to apply the objective test required by section 193(2)(b) of the Labour Relations Act. None of the statutory exceptions to reinstatement were present. Accordingly, the court held that reinstatement was mandatory...

Citation
[2024] ZALCD 1
Parties
Applicant: Dale Keeley Pinn; Respondent: CCI Call Centre (Pty) Ltd; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Charles Oakes N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
16 January 2024
Case Number
D201/2020
Procedural Posture
Review Application / Judgment After Review of Arbitration Award
Outcome
Application for review successful; arbitration award set aside and substituted with order for retrospective reinstatement.
Judges
Tshangana
Legal Topics
Unfair Dismissal, Reinstatement, Remedies for Unfair Dismissal, Irretrievable Breakdown, Compensation, Labour Relations Act
Labour Law Unfair Dismissal Reinstatement Remedies for Unfair Dismissal Irretrievable Breakdown Compensation Labour Relations Act

Case Brief

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Parties

Dale Keeley Pinn

Applicant

CCI Call Centre (Pty) Ltd

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Charles Oakes N.O.

Respondent

Procedural Posture

Review Application / Judgment After Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner erred in failing to order reinstatement after finding the dismissal substantively unfair.
  2. 2 Whether the employment relationship between the applicant and his superior had irretrievably broken down, justifying refusal of reinstatement under section 193(2)(b) of the LRA.
  3. 3 Whether the Commissioner committed gross irregularity by relying on inadmissible evidence and misconstruing the facts regarding breakdown of relationship.

Ratio Decidendi

The court found that the Commissioner erred in failing to order reinstatement after finding the dismissal substantively unfair. The evidence did not support a conclusion that the employment relationship between the applicant and his superior had irretrievably broken down. The superior, Mr. Bridgmohan, indicated willingness to work with the applicant and mend the relationship. The Commissioner improperly relied on inadmissible, without prejudice settlement discussions and failed to apply the objective test required by section 193(2)(b) of the Labour Relations Act. None of the statutory exceptions to reinstatement were present. Accordingly, the court held that reinstatement was mandatory...

Court Disposition

Application for review successful; arbitration award set aside and substituted with order for retrospective reinstatement.

Orders

  • Paragraphs 96 and 100 of the arbitration award under reference number KNDB2286-19 dated 25 February 2020 are reviewed and set aside.
  • Paragraph 100 is substituted with an order that the applicant be reinstated retrospectively to the date of dismissal without any loss of benefits; the first respondent may deduct the one-month compensation if already paid.