Rheeder v Mirkin and Co T/A A&D Distributors and Others (C947/2008) [2010] ZALCCT 35 (3 December 2010)

Rheeder v Mirkin and Co T/A A&D Distributors and Others (C947/2008) [2010] ZALCCT 35 (3 December 2010)

The Labour Court found that the arbitrator's refusal to award compensation was unreasonable, as he failed to properly consider the intention behind the applicant's confidential communication and did not weigh the employer's contribution to the breakdown of the trust relationship. The court held that the applicant was not solely responsible for the breakdown and that compensation was warranted for the substantively unfair dismissal. The court declined to remit the matter, finding itself in as good a position as the arbitrator to determine the appropriate relief. Taking into account the mutual breakdown of trust and relevant case law, the court awarded compensation equivalent to four...

Citation
[2010] ZALCCT 35
Parties
Applicant: Anna M Rheeder; Respondent: D Mirkin & Co T/A A&D Distributors; Respondent: Adv C de Kock N.O.; Respondent: CCMA
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
3 December 2010
Case Number
C947/2008
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
The arbitration award is reviewed and set aside insofar as it denied relief to the applicant. The award is substituted with an order for compensation and costs.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Compensation Award, Breakdown of Trust Relationship, Procedural Fairness, Arbitration Review, Conflict of Interest
Labour Law Unfair Dismissal Compensation Award Breakdown of Trust Relationship Procedural Fairness Arbitration Review Conflict of Interest

Case Brief

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Parties

Anna M Rheeder

Applicant

D Mirkin & Co T/A A&D Distributors

Respondent

Adv C de Kock N.O.

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's decision not to award compensation for substantively unfair dismissal was reasonable.
  2. 2 Whether the breakdown of the trust relationship was solely attributable to the applicant.
  3. 3 Whether procedural fairness was compromised by the appointment of the same consultant as chairperson of the disciplinary hearing.

Ratio Decidendi

The Labour Court found that the arbitrator's refusal to award compensation was unreasonable, as he failed to properly consider the intention behind the applicant's confidential communication and did not weigh the employer's contribution to the breakdown of the trust relationship. The court held that the applicant was not solely responsible for the breakdown and that compensation was warranted for the substantively unfair dismissal. The court declined to remit the matter, finding itself in as good a position as the arbitrator to determine the appropriate relief. Taking into account the mutual breakdown of trust and relevant case law, the court awarded compensation equivalent to four...

Court Disposition

The arbitration award is reviewed and set aside insofar as it denied relief to the applicant. The award is substituted with an order for compensation and costs.

Orders

  • The dismissal of the applicant was substantively unfair.
  • The first respondent is ordered to pay the applicant compensation in the amount of R50,660.00, equivalent to four months' remuneration.