Sasol Limited and Another v National Bargaining Council for the Chemical Industry and Others (JR2153/16) [2019] ZALCJHB 246 (17 September 2019)

Sasol Limited and Another v National Bargaining Council for the Chemical Industry and Others (JR2153/16) [2019] ZALCJHB 246 (17 September 2019)

The court found that the arbitrator did not commit any material errors of fact or law that would render her award unreasonable. The arbitrator correctly distinguished between negligence and gross negligence, and the employer failed to prove the existence of a rule requiring positive identification at the weighbridge. The arbitrator's finding that the third respondent was not guilty of fraud or gross negligence was supported by the evidence, including his actions in alerting superiors and suspending the driver. The applicants did not establish that reinstatement would be intolerable or impracticable, and the arbitrator's conduct did not amount to bias. Accordingly, the review application...

Citation
[2019] ZALCJHB 246
Parties
Applicant: Sasol Limited; Applicant: National Petroleum Refineries of South Africa (Pty) Ltd; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Eleanor Hambridge N.O.; Respondent: Dirk Treurnich
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 September 2019
Case Number
JR2153/16
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Review application dismissed with costs; arbitration award upheld.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Arbitration Review, Reinstatement, Gross Negligence, Procedural Fairness
Labour Law Unfair Dismissal Arbitration Review Reinstatement Gross Negligence Procedural Fairness

Case Brief

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Parties

Sasol Limited

Applicant

National Petroleum Refineries of South Africa (Pty) Ltd

Applicant

National Bargaining Council for the Chemical Industry

Respondent

Eleanor Hambridge N.O.

Respondent

Dirk Treurnich

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed material errors of fact or law in finding the dismissal of the third respondent was procedurally and substantively unfair.
  2. 2 Whether the arbitrator failed to properly assess the evidence and exhibited bias.
  3. 3 Whether the sanction of dismissal was appropriate given the facts and the employment relationship.

Ratio Decidendi

The court found that the arbitrator did not commit any material errors of fact or law that would render her award unreasonable. The arbitrator correctly distinguished between negligence and gross negligence, and the employer failed to prove the existence of a rule requiring positive identification at the weighbridge. The arbitrator's finding that the third respondent was not guilty of fraud or gross negligence was supported by the evidence, including his actions in alerting superiors and suspending the driver. The applicants did not establish that reinstatement would be intolerable or impracticable, and the arbitrator's conduct did not amount to bias. Accordingly, the review application...

Court Disposition

Review application dismissed with costs; arbitration award upheld.

Orders

  • The review application is dismissed with costs.