Reckitt & Colman SA (Pty) Limited v CCMA and Others (J5140/99) [2001] ZALC 163 (9 October 2001)

Reckitt & Colman SA (Pty) Limited v CCMA and Others (J5140/99) [2001] ZALC 163 (9 October 2001)

The court found that the employer had taken all reasonable steps to accommodate Mr James, including providing treatment, counselling, and written warnings. The employer's actions were consistent with the guidelines for incapacity dismissals under the Labour Relations Act. The commissioner failed to properly consider the evidence and alternatives explored by the employer. The award was not rationally connected to the material before the commissioner and was therefore subject to review and being set aside. The dismissal of Mr James was found to be fair.

Citation
[2001] ZALC 163
Parties
Applicant: Reckitt & Colman SA (Pty) Limited; Respondent: CCMA and Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 October 2001
Case Number
J5140/99
Procedural Posture
Review Application / Judgment
Outcome
The CCMA award is reviewed and set aside. The dismissal of Mr James is declared fair. The first respondent is ordered to pay the costs of the application.
Judges
A A Landman
Legal Topics
Incapacity Dismissal, Alcohol Abuse, Disciplinary Procedure, Review of Arbitration Award
Labour Law Incapacity Dismissal Alcohol Abuse Disciplinary Procedure Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Reckitt & Colman SA (Pty) Limited

Applicant

CCMA and Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the dismissal of Mr James for incapacity due to ill-health was fair.
  2. 2 Whether the employer followed the guidelines set out in Schedule 8 to the Labour Relations Act regarding incapacity dismissals.
  3. 3 Whether the CCMA commissioner properly considered the evidence and alternatives to dismissal.

Ratio Decidendi

The court found that the employer had taken all reasonable steps to accommodate Mr James, including providing treatment, counselling, and written warnings. The employer's actions were consistent with the guidelines for incapacity dismissals under the Labour Relations Act. The commissioner failed to properly consider the evidence and alternatives explored by the employer. The award was not rationally connected to the material before the commissioner and was therefore subject to review and being set aside. The dismissal of Mr James was found to be fair.

Court Disposition

The CCMA award is reviewed and set aside. The dismissal of Mr James is declared fair. The first respondent is ordered to pay the costs of the application.

Orders

  • The award made by the second respondent on 29 November 1999 is reviewed and set aside.
  • The award is replaced with an order that the dismissal of Mr James was fair.