Sasol Mining (Pty) Ltd v CCMA and Others (JR 2170/11) [2015] ZALCJHB 167; (2015) 36 ILJ 2359 (LC) (26 May 2015)

Sasol Mining (Pty) Ltd v CCMA and Others (JR 2170/11) [2015] ZALCJHB 167; (2015) 36 ILJ 2359 (LC) (26 May 2015)

The court found that the Commissioner’s decision to reinstate the third respondent was unreasonable and unsupported by the evidence. The third respondent’s breach of the lockout procedure constituted fatal behaviour, exposing employees to serious risk and causing financial loss. The Commissioner failed to appreciate the gravity of the misconduct and disregarded the paramount importance of workplace safety. The evidence established that the dismissal was substantively fair, and the arbitration award was set aside and substituted with a finding that the dismissal was fair.

Citation
[2015] ZALCJHB 167
Parties
Applicant: Sasol Mining (Pty) Ltd; Respondent: CCMA; Respondent: Commissioner Wilfred Nkoeng N.O.; Respondent: NUPDW obo Sifiso Chiliza
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2015
Case Number
JR 2170/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; dismissal of Sifiso Chiliza found to be fair.
Judges
Lallie
Legal Topics
Dismissal for Misconduct, Safety Procedures, Substantive Fairness, Arbitration Review, Trust Relationship
Labour Law Dismissal for Misconduct Safety Procedures Substantive Fairness Arbitration Review Trust Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Sasol Mining (Pty) Ltd

Applicant

CCMA

Respondent

Commissioner Wilfred Nkoeng N.O.

Respondent

NUPDW obo Sifiso Chiliza

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal substantively unfair was reasonable.
  2. 2 Whether the dismissal of the third respondent for breach of safety procedures was substantively fair.
  3. 3 Whether the Commissioner correctly exercised his discretion in ordering reinstatement.

Ratio Decidendi

The court found that the Commissioner’s decision to reinstate the third respondent was unreasonable and unsupported by the evidence. The third respondent’s breach of the lockout procedure constituted fatal behaviour, exposing employees to serious risk and causing financial loss. The Commissioner failed to appreciate the gravity of the misconduct and disregarded the paramount importance of workplace safety. The evidence established that the dismissal was substantively fair, and the arbitration award was set aside and substituted with a finding that the dismissal was fair.

Court Disposition

Arbitration award reviewed and set aside; dismissal of Sifiso Chiliza found to be fair.

Orders

  • The arbitration award issued by the second respondent under case number MP 4540 – 11 and dated 10 August 2011 is reviewed and set aside.
  • It is substituted with the order: 'The dismissal of Sifiso Chiliza by the applicant was fair.'