Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 (17 April 2023)

Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 (17 April 2023)

The court found that the arbitrator failed to properly apply the principles governing the admission of hearsay evidence, admitting affidavits without adequate justification and attributing undue weight to them. The arbitrator's findings on substantive and procedural fairness were not supported by the evidence, particularly given Lebaea's seniority and her failure to follow the standard operating procedure. The court held that the refusal to allow a polygraph test did not materially prejudice Lebaea, as polygraph evidence is of limited probative value and not determinative of fairness. The absence of an interpreter was rectified during the appeal hearing, and there was no evidence that...

Citation
[2023] ZALCCT 16
Parties
Applicant: Roche Dia; Respondent: Mosa Alfrieda Lebaea; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Andiswa Makasi(N.O.)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
17 April 2023
Case Number
C530/2021
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Arbitration award set aside and substituted with a finding that the dismissal was substantively and procedurally fair.
Judges
Lagrange
Legal Topics
Admission of Hearsay Evidence, Substantive Fairness, Procedural Fairness, Polygraph Evidence, Disciplinary Code Interpretation
Labour Law Civil Procedure Admission of Hearsay Evidence Substantive Fairness Procedural Fairness Polygraph Evidence Disciplinary Code Interpretation

Case Brief

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Parties

Roche Dia

Applicant

Mosa Alfrieda Lebaea

Respondent

National Bargaining Council for the Chemical Industry

Respondent

Andiswa Makasi(N.O.)

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator misapplied the principles governing the admission of hearsay evidence.
  2. 2 Whether the arbitrator's findings on substantive and procedural fairness were reasonable based on the evidence.
  3. 3 Whether the refusal to allow the employee to undergo a polygraph test rendered the dismissal procedurally unfair.

Ratio Decidendi

The court found that the arbitrator failed to properly apply the principles governing the admission of hearsay evidence, admitting affidavits without adequate justification and attributing undue weight to them. The arbitrator's findings on substantive and procedural fairness were not supported by the evidence, particularly given Lebaea's seniority and her failure to follow the standard operating procedure. The court held that the refusal to allow a polygraph test did not materially prejudice Lebaea, as polygraph evidence is of limited probative value and not determinative of fairness. The absence of an interpreter was rectified during the appeal hearing, and there was no evidence that...

Court Disposition

Arbitration award set aside and substituted with a finding that the dismissal was substantively and procedurally fair.

Orders

  • The arbitration award issued under case number WECT 1908-21 by the Third Respondent is reviewed and set aside.
  • The Third Respondent’s findings in the award are substituted with a finding that the First Respondent’s dismissal by the Applicant was substantively and procedurally fair.