SAMWU obo Skosana v South African Local Bargaining Council (JR2296/16) [2018] ZALCJHB 399 (4 December 2018)

SAMWU obo Skosana v South African Local Bargaining Council (JR2296/16) [2018] ZALCJHB 399 (4 December 2018)

The court found that the arbitrator's conclusion that Skosana's acceptance of R200 constituted sufficient evidence of dishonesty and justified dismissal was reasonable and supported by the record. The arbitrator's preference for the consistent and reliable evidence of the Municipality's witnesses over Skosana's...

Source-derived case information.

Citation
[2018] ZALCJHB 399
Parties
Applicant: SAMWU obo L.D. Skosana; Respondent: South African Local Government Bargaining Council; Respondent: Joseph Mphaphuli N.O.; Respondent: City of Tshwane Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 December 2018
Case Number
JR2296/16
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Dishonesty, Condonation, Arbitration Review, Credit Control Policy
Labour Law Unfair Dismissal Dishonesty Condonation Arbitration Review Credit Control Policy

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Parties

SAMWU obo L.D. Skosana

Applicant

South African Local Government Bargaining Council

Respondent

Joseph Mphaphuli N.O.

Respondent

City of Tshwane Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award upholding the dismissal of Mr Skosana was reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the arbitrator's finding of dishonesty and substantive fairness in the dismissal was reasonable.
  3. 3 Whether there was sufficient evidence that Skosana effected the reconnection of services contrary to policy.

Ratio Decidendi

The court found that the arbitrator's conclusion that Skosana's acceptance of R200 constituted sufficient evidence of dishonesty and justified dismissal was reasonable and supported by the record. The arbitrator's preference for the consistent and reliable evidence of the Municipality's witnesses over Skosana's incoherent and inconsistent testimony was justified. The review application failed to demonstrate any gross irregularity or unreasonableness in the arbitrator's findings, and the ultimate decision was not susceptible to review under section 145 of the Labour Relations Act.

Court Disposition

The review application is dismissed with costs.

Orders

  • The review application is dismissed with costs.