SAMWU and Others v Ethekwini Municipality and Others (DA5/13) [2016] ZALAC 47; [2016] 12 BLLR 1208 (LAC); (2017) 38 ILJ 158 (LAC) (2 September 2016)

SAMWU and Others v Ethekwini Municipality and Others (DA5/13) [2016] ZALAC 47; [2016] 12 BLLR 1208 (LAC); (2017) 38 ILJ 158 (LAC) (2 September 2016)

The Labour Appeal Court held that the employees, acting as shop stewards, deliberately defied a lawful and reasonable instruction from their manager to open the workplace gate, resulting in a significant disruption of operations. The evidence established that the employees took the gate keys from the security guard and refused to comply with the instruction, despite their responsibilities under the collective agreement. The arbitrator's finding of gross insubordination was reasonable and justified dismissal, even considering the employees' long service and clean disciplinary records. The arbitrator did not misdirect herself, and the award was not reviewable under section 145 of the LRA....

Citation
[2016] ZALAC 47
Parties
Appellant: SAMWU; Appellant: Mkhungo SB; Appellant: Ntaka R; Respondent: Ethekwini Municipality; Respondent: South African Local Government Bargaining Council; Respondent: Dubazane Nonhlanhla, NO
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
2 September 2016
Case Number
DA5/13
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal dismissed, with no order as to costs.
Judges
Tlaletsi, Ndlovu, Makgoka
Legal Topics
Unfair Dismissal, Gross Insubordination, Shop Steward Obligations, Collective Agreement Interpretation, Disciplinary Procedure
Labour Law Unfair Dismissal Gross Insubordination Shop Steward Obligations Collective Agreement Interpretation Disciplinary Procedure

Case Brief

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Parties

SAMWU

Appellant

Mkhungo SB

Appellant

Ntaka R

Appellant

Ethekwini Municipality

Respondent

South African Local Government Bargaining Council

Respondent

Dubazane Nonhlanhla, NO

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the dismissal of the employees for gross insubordination was substantively fair.
  2. 2 Whether the arbitrator's award was reviewable under section 145 of the LRA.
  3. 3 Whether the arbitrator failed to distinguish between insubordination and gross insubordination.

Ratio Decidendi

The Labour Appeal Court held that the employees, acting as shop stewards, deliberately defied a lawful and reasonable instruction from their manager to open the workplace gate, resulting in a significant disruption of operations. The evidence established that the employees took the gate keys from the security guard and refused to comply with the instruction, despite their responsibilities under the collective agreement. The arbitrator's finding of gross insubordination was reasonable and justified dismissal, even considering the employees' long service and clean disciplinary records. The arbitrator did not misdirect herself, and the award was not reviewable under section 145 of the LRA....

Court Disposition

Appeal dismissed, with no order as to costs.

Orders

  • The appeal is dismissed, with no order as to costs.