SACCAWU obo Mamuremi v Tokiso and Others (JR828/16) [2019] ZALCJHB 113 (17 May 2019)

SACCAWU obo Mamuremi v Tokiso and Others (JR828/16) [2019] ZALCJHB 113 (17 May 2019)

The court found that the arbitrator had carefully considered the evidence and provided rational reasons for accepting or rejecting witness testimony. The applicant, Mamuremi, was a senior employee aware of company policies and had previously received a final written warning for similar misconduct. The evidence...

Source-derived case information.

Citation
[2019] ZALCJHB 113
Parties
Applicant: SACCAWU obo Joyce Mamuremi; Respondent: Tokiso; Respondent: Abdul Osman N.O; Respondent: JDG Trading t/a Joshua Doore
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 May 2019
Case Number
JR828/16
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Arbitration Review, Substantive Fairness, Disciplinary Code, Inconsistency of Sanction
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Substantive Fairness Disciplinary Code Inconsistency of Sanction

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Summary, issues, holding and outcome

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Parties

SACCAWU obo Joyce Mamuremi

Applicant

Tokiso

Respondent

Abdul Osman N.O

Respondent

JDG Trading t/a Joshua Doore

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing Mamuremi for misconduct was reasonable and should be set aside.
  2. 2 Whether the arbitrator failed to consider relevant evidence and arguments regarding delivery of goods and alleged inconsistency.
  3. 3 Whether the dismissal was substantively fair in light of company policies and prior warnings.

Ratio Decidendi

The court found that the arbitrator had carefully considered the evidence and provided rational reasons for accepting or rejecting witness testimony. The applicant, Mamuremi, was a senior employee aware of company policies and had previously received a final written warning for similar misconduct. The evidence showed that she issued a proof of delivery before the goods were delivered, contrary to policy, and her version was inconsistent and unreliable. Allegations of inconsistency and ulterior motives were not substantiated, and the supposed sexual harassment was not reported until disciplinary proceedings commenced. The arbitrator's decision fell within the band of reasonableness and was...

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The application to review and set aside the arbitration award issued by the Second Respondent under case number TOKISO 3703 dated 19 March 2016 is dismissed with costs.