Rand Mutual Admin Services (Pty) Ltd v Dintoe and Another (JR1247/16) [2019] ZALCJHB 163 (28 June 2019)

Rand Mutual Admin Services (Pty) Ltd v Dintoe and Another (JR1247/16) [2019] ZALCJHB 163 (28 June 2019)

The court found that the commissioner committed a gross irregularity by misconstruing the nature of the dispute, focusing on poor work performance and training rather than the alleged dishonesty. The commissioner failed to properly assess the credibility of the first respondent's inconsistent explanations and disregarded material evidence. The applicant established that the first respondent committed the misconduct charged, namely dishonestly altering and submitting the August 2015 report as the October 2015 report. The commissioner’s acceptance of the first respondent’s version was unreasonable and not justified by the evidence. The arbitration award was therefore reviewed and set aside,...

Citation
[2019] ZALCJHB 163
Parties
Applicant: Rand Mutual Admin Services (Pty) Ltd; Respondent: Motlagoile Dintoe; Respondent: Commissioner Lazarus Matlala N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
JR1247/16
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is granted. The dismissal of the first respondent is found to be substantively fair.
Judges
Mahosi
Legal Topics
Unfair Dismissal, Dishonesty in Employment, Arbitration Review, Gross Irregularity, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Dishonesty in Employment Arbitration Review Gross Irregularity Substantive Fairness

Case Brief

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Parties

Rand Mutual Admin Services (Pty) Ltd

Applicant

Motlagoile Dintoe

Respondent

Commissioner Lazarus Matlala N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity in his arbitration award.
  2. 2 Whether the dismissal of the first respondent was substantively fair.
  3. 3 Whether the commissioner properly considered the evidence and nature of the dispute.

Ratio Decidendi

The court found that the commissioner committed a gross irregularity by misconstruing the nature of the dispute, focusing on poor work performance and training rather than the alleged dishonesty. The commissioner failed to properly assess the credibility of the first respondent's inconsistent explanations and disregarded material evidence. The applicant established that the first respondent committed the misconduct charged, namely dishonestly altering and submitting the August 2015 report as the October 2015 report. The commissioner’s acceptance of the first respondent’s version was unreasonable and not justified by the evidence. The arbitration award was therefore reviewed and set aside,...

Court Disposition

Application to review and set aside the arbitration award is granted. The dismissal of the first respondent is found to be substantively fair.

Orders

  • The arbitration award issued by the second respondent under case number NWRB1-16 dated 21 June 2016 is reviewed and set aside.
  • It is substituted with an order that the dismissal of the first respondent was substantively fair.