Samancor Limited (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration Limpopo and Others (JA140/2018) [2020] ZALAC 17; [2020] 9 BLLR 908 (LAC); (2020) 41 ILJ 2135 (LAC) (18 May 2020)

Samancor Limited (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration Limpopo and Others (JA140/2018) [2020] ZALAC 17; [2020] 9 BLLR 908 (LAC); (2020) 41 ILJ 2135 (LAC) (18 May 2020)

The Labour Appeal Court found that the five employees had disregarded both verbal and written instructions to install temporary safety measures, thereby breaching mine safety rules and procedures. The evidence established that the employees continued working in unsafe conditions despite clear instructions to cease...

Source-derived case information.

Citation
[2020] ZALAC 17
Parties
Appellant: Samancor Limited (Eastern Chrome Mines); Respondent: Commission for Conciliation, Mediation and Arbitration Limpopo; Respondent: Commissioner Nicholas Sono NO; Respondent: National Union of Mineworkers obo Violet Masha & 4 Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 May 2020
Case Number
JA140/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal upheld; arbitration award set aside; dismissals declared fair.
Judges
Davis, Musi, Sutherland
Legal Topics
Dismissal for Misconduct, Inconsistency of Discipline, Mine Health and Safety, Procedural Fairness, Substantive Fairness
Labour Law Dismissal for Misconduct Inconsistency of Discipline Mine Health and Safety Procedural Fairness Substantive Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Samancor Limited (Eastern Chrome Mines)

Appellant

Commission for Conciliation, Mediation and Arbitration Limpopo

Respondent

Commissioner Nicholas Sono NO

Respondent

National Union of Mineworkers obo Violet Masha & 4 Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of five employees for breach of mine safety rules and failure to obey instructions was substantively and procedurally fair.
  2. 2 Whether the arbitration award reinstating the employees on grounds of inconsistency of discipline was reasonable.
  3. 3 Whether the employer's differentiation between dismissed employees and a non-dismissed crew member was justified.

Ratio Decidendi

The Labour Appeal Court found that the five employees had disregarded both verbal and written instructions to install temporary safety measures, thereby breaching mine safety rules and procedures. The evidence established that the employees continued working in unsafe conditions despite clear instructions to cease work and rectify substandard conditions. The differentiation between the dismissed employees and Simphiwe Maseko was justified, as Maseko was not present at the site during the relevant time and her charges were not identical. The arbitration award's finding of inconsistency of discipline was not supported by the facts or applicable legal principles. Dismissal was an appropriate...

Court Disposition

Appeal upheld; arbitration award set aside; dismissals declared fair.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is substituted.