Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation Mediation And Arbitration and Others (JR63/01) [2002] ZALCJHB 33 (11 February 2002)

Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation Mediation And Arbitration and Others (JR63/01) [2002] ZALCJHB 33 (11 February 2002)

The court held that the arbitrator's award reinstating the employee with a warning and compensation was not reviewable under section 145 of the Labour Relations Act. The arbitrator's reasoning was rationally connected to the facts and applicable law, as the misconduct did not involve dishonesty, theft, or violence, and no loss was suffered by the employer. The employee had a clean record of 15 years, and the failure to follow procedures amounted to poor performance rather than serious misconduct warranting dismissal. The arbitrator correctly applied the principles of progressive discipline and the code of good practice, and the sanction imposed was not so unreasonable as to justify...

Citation
[2002] ZALCJHB 33
Parties
Applicant: Rustenburg Platinum Mines Limited (Rustenburg Section); Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Moropa, T J, N.O.; Respondent: Sidumo, Z
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 February 2002
Case Number
JR63/01
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Progressive Discipline, Review of Arbitration Award, Sanction for Misconduct
Labour Law Unfair Dismissal Progressive Discipline Review of Arbitration Award Sanction for Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Rustenburg Platinum Mines Limited (Rustenburg Section)

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Moropa, T J, N.O.

Respondent

Sidumo, Z

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award reinstating the employee with a warning and compensation for unfair dismissal was reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the sanction of dismissal for poor performance and failure to follow security procedures was appropriate in the circumstances.
  3. 3 Whether the arbitrator's reasoning was rationally connected to the facts and applicable law.

Ratio Decidendi

The court held that the arbitrator's award reinstating the employee with a warning and compensation was not reviewable under section 145 of the Labour Relations Act. The arbitrator's reasoning was rationally connected to the facts and applicable law, as the misconduct did not involve dishonesty, theft, or violence, and no loss was suffered by the employer. The employee had a clean record of 15 years, and the failure to follow procedures amounted to poor performance rather than serious misconduct warranting dismissal. The arbitrator correctly applied the principles of progressive discipline and the code of good practice, and the sanction imposed was not so unreasonable as to justify...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.