Schwartz v Sasol Polymers and Others (JA46/2014) [2015] ZALAC 58; (2017) 38 ILJ 915 (LAC) (5 October 2015)

Schwartz v Sasol Polymers and Others (JA46/2014) [2015] ZALAC 58; (2017) 38 ILJ 915 (LAC) (5 October 2015)

The Labour Appeal Court found that the appellant's misconduct constituted serious dishonesty, resulting in a breakdown of the trust relationship with the employer. The appellant failed to disclose gifts and sponsorships received from service providers, acted with calculated silence amounting to fraudulent...

Source-derived case information.

Citation
[2015] ZALAC 58
Parties
Appellant: JPJ Schwartz; Respondent: Sasol Polymers; Respondent: National Bargaining Council for the Chemical Industry; Respondent: W de J Stapelberg N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 October 2015
Case Number
JA46/2014
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs; cross-appeal upheld with costs; dismissal found to be both procedurally and substantively fair.
Judges
Waglay JP, Ndlovu JA, Savage AJA
Legal Topics
Unfair Dismissal, Code of Ethics, Procedural Fairness, Substantive Fairness, Remedies for Unfair Dismissal
Labour Law Civil Procedure Unfair Dismissal Code of Ethics Procedural Fairness Substantive Fairness Remedies for Unfair Dismissal

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Summary, issues, holding and outcome

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Parties

JPJ Schwartz

Appellant

Sasol Polymers

Respondent

National Bargaining Council for the Chemical Industry

Respondent

W de J Stapelberg N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the dismissal of the appellant was procedurally and substantively unfair.
  2. 2 Whether the sanction of dismissal was appropriate given the nature of the misconduct.
  3. 3 Whether the Labour Court erred in substituting reinstatement with compensation.

Ratio Decidendi

The Labour Appeal Court found that the appellant's misconduct constituted serious dishonesty, resulting in a breakdown of the trust relationship with the employer. The appellant failed to disclose gifts and sponsorships received from service providers, acted with calculated silence amounting to fraudulent non-disclosure, and showed no remorse. The arbitrator and Labour Court erred in finding procedural and substantive unfairness and in substituting reinstatement with compensation. The evidence demonstrated that the appellant was aware of the allegations and had a fair opportunity to defend himself. The gravity and extent of the misconduct justified the sanction of dismissal, and the award...

Court Disposition

Appeal dismissed with costs; cross-appeal upheld with costs; dismissal found to be both procedurally and substantively fair.

Orders

  • The appeal is dismissed with costs.
  • The cross-appeal is upheld with costs.