Sappi Forests (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (D813/06) [2014] ZALCD 69 (31 January 2014)

Sappi Forests (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (D813/06) [2014] ZALCD 69 (31 January 2014)

The court found that the arbitrator had jurisdiction to determine the fairness of the employee's suspension without pay. The employer had conceded jurisdiction at arbitration and could not challenge it on review. Section 186(2)(b) of the Labour Relations Act should be interpreted generously to include all forms of suspension, and a suspension pending inquiry or criminal proceedings is disciplinary action. The employer's suspension of the employee without pay constituted a breach of contract, as there was no agreement or legislative authority for such action. The arbitrator was not required to choose between two procedural documents, as both provided for suspension with pay, and the...

Citation
[2014] ZALCD 69
Parties
Applicant: Sappi Forests (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Anashrin Pillay N.O.; Respondent: Douglas Alexander Boyd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
31 January 2014
Case Number
D813/06
Procedural Posture
Review Application / Judgment
Outcome
Review dismissed with costs.
Judges
Pillay D
Legal Topics
Unfair Suspension, Jurisdiction of Ccma, Disciplinary Procedure, Contract of Employment
Labour Law Civil Procedure Unfair Suspension Jurisdiction of Ccma Disciplinary Procedure Contract of Employment

Case Brief

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Parties

Sappi Forests (Pty) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Anashrin Pillay N.O.

Respondent

Douglas Alexander Boyd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to determine the fairness of the employee's suspension without pay.
  2. 2 Whether the suspension without pay pending criminal proceedings constituted disciplinary action under section 186(2)(b) of the Labour Relations Act.
  3. 3 Whether the arbitrator was required to choose between two procedural documents regarding suspension.

Ratio Decidendi

The court found that the arbitrator had jurisdiction to determine the fairness of the employee's suspension without pay. The employer had conceded jurisdiction at arbitration and could not challenge it on review. Section 186(2)(b) of the Labour Relations Act should be interpreted generously to include all forms of suspension, and a suspension pending inquiry or criminal proceedings is disciplinary action. The employer's suspension of the employee without pay constituted a breach of contract, as there was no agreement or legislative authority for such action. The arbitrator was not required to choose between two procedural documents, as both provided for suspension with pay, and the...

Court Disposition

Review dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs of the proceedings.