Samson v Commission for Conciliation Mediation And Arbitration and Others (D460/08) [2009] ZALCD 23 (29 May 2009)

Samson v Commission for Conciliation Mediation And Arbitration and Others (D460/08) [2009] ZALCD 23 (29 May 2009)

The court found that the commissioner did not commit any gross misconduct or reviewable irregularity in the conduct of the arbitration proceedings. The commissioner properly exercised discretion in permitting legal representation for the company, considering all relevant factors. The evidence established that the company’s disciplinary code prescribed dismissal for distributing pornography and that previous cases cited by the applicant were not comparable, as they involved different misconduct. The practice of reviewing disciplinary sanctions by senior management was well established and not prohibited by company policy. The applicant was afforded an appeal hearing, and the procedural...

Citation
[2009] ZALCD 23
Parties
Applicant: Shaun Samson; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Almeiro Deyzel; Respondent: Toyota SA Motors (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
29 May 2009
Case Number
D460/08
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Consistency of Discipline, Procedural Fairness, Legal Representation in Arbitration, Double Jeopardy, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Consistency of Discipline Procedural Fairness Legal Representation in Arbitration Double Jeopardy Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Shaun Samson

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Almeiro Deyzel

Respondent

Toyota SA Motors (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed a reviewable irregularity in permitting legal representation for the company.
  2. 2 Whether the company acted consistently in imposing the sanction of dismissal for distributing pornography.
  3. 3 Whether it was fair for the company to overturn the disciplinary chairperson's sanction and impose dismissal.

Ratio Decidendi

The court found that the commissioner did not commit any gross misconduct or reviewable irregularity in the conduct of the arbitration proceedings. The commissioner properly exercised discretion in permitting legal representation for the company, considering all relevant factors. The evidence established that the company’s disciplinary code prescribed dismissal for distributing pornography and that previous cases cited by the applicant were not comparable, as they involved different misconduct. The practice of reviewing disciplinary sanctions by senior management was well established and not prohibited by company policy. The applicant was afforded an appeal hearing, and the procedural...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.