SAMWU v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 2355/2019) [2021] ZALCJHB 212 (26 July 2021)

SAMWU v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 2355/2019) [2021] ZALCJHB 212 (26 July 2021)

The court found that the commissioner had conducted a comprehensive and fair hearing, allowing all relevant evidence and cross-examination. The applicant's conduct on 23 March 2018, including his refusal to obey a lawful instruction and his aggressive behaviour towards Dibate, constituted serious misconduct. The commissioner’s findings were rational and justifiable, and there was no basis for the Labour Court to interfere. The splitting of charges, while criticised, did not affect the fairness of the process or the outcome. The applicant failed to show remorse or take responsibility for his actions, and the dismissal was both substantively and procedurally fair.

Citation
[2021] ZALCJHB 212
Parties
Applicant: SAMWU OBO Makoe German; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Dan Pretorius N.O.; Respondent: Rand Water
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2021
Case Number
JR 2355/2019
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Application for review dismissed; CCMA award upholding dismissal confirmed.
Judges
Cassim
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Review of Arbitration Award, Employee Misconduct
Labour Law Unfair Dismissal Disciplinary Procedure Review of Arbitration Award Employee Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

SAMWU OBO Makoe German

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Dan Pretorius N.O.

Respondent

Rand Water

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner committed a reviewable irregularity in finding the dismissal of German substantively and procedurally fair.
  2. 2 Whether the disciplinary charges against German were improperly split or prejudicial.
  3. 3 Whether the conduct of German on 23 March 2018 justified dismissal.

Ratio Decidendi

The court found that the commissioner had conducted a comprehensive and fair hearing, allowing all relevant evidence and cross-examination. The applicant's conduct on 23 March 2018, including his refusal to obey a lawful instruction and his aggressive behaviour towards Dibate, constituted serious misconduct. The commissioner’s findings were rational and justifiable, and there was no basis for the Labour Court to interfere. The splitting of charges, while criticised, did not affect the fairness of the process or the outcome. The applicant failed to show remorse or take responsibility for his actions, and the dismissal was both substantively and procedurally fair.

Court Disposition

Application for review dismissed; CCMA award upholding dismissal confirmed.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.