Prowalko v Commission for Conciliation Mediation and Arbitration and Others (P608/09) [2011] ZALCPE 3 (5 April 2011)

Prowalko v Commission for Conciliation Mediation and Arbitration and Others (P608/09) [2011] ZALCPE 3 (5 April 2011)

The court found that the commissioner’s award was reasonable and supported by the evidence. The commissioner properly analysed the facts, including the context of the dismissal and the conduct of the parties. The employee was not responsible for the incident, as the contractor acted without proper authorisation and disregarded company policy. There was no evidence of a breakdown in the employment relationship between the applicant and the employee, nor was there a rule that failure to issue a job card constituted a dismissible offence. The commissioner’s factual findings were supported by the record and were not arbitrary or capricious. The court held that it is not its function to...

Citation
[2011] ZALCPE 3
Parties
Applicant: Prowalko (Pty) Ltd; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Maris Kotze N.O.; Respondent: Louise Serrao
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 April 2011
Case Number
P608/09
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reasonableness of Arbitration Award, Breakdown of Employment Relationship
Labour Law Unfair Dismissal Review of Arbitration Award Reasonableness of Arbitration Award Breakdown of Employment Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Prowalko (Pty) Ltd

Applicant

Commission for Conciliation Mediation & Arbitration

Respondent

Maris Kotze N.O.

Respondent

Louise Serrao

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s arbitration award finding the dismissal of the employee to be unfair was reasonable and supported by the evidence.
  2. 2 Whether the commissioner failed to apply his mind to the facts and exceeded his powers in making findings not supported by evidence.
  3. 3 Whether there was a breakdown in the employment relationship justifying dismissal.

Ratio Decidendi

The court found that the commissioner’s award was reasonable and supported by the evidence. The commissioner properly analysed the facts, including the context of the dismissal and the conduct of the parties. The employee was not responsible for the incident, as the contractor acted without proper authorisation and disregarded company policy. There was no evidence of a breakdown in the employment relationship between the applicant and the employee, nor was there a rule that failure to issue a job card constituted a dismissible offence. The commissioner’s factual findings were supported by the record and were not arbitrary or capricious. The court held that it is not its function to...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant’s application is dismissed with costs.