Securitas Specialised Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA 06/2019) [2021] ZALAC 5; [2021] 5 BLLR 475 (LAC); (2021) 42 ILJ 1071 (LAC) (22 January 2021)

Securitas Specialised Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA 06/2019) [2021] ZALAC 5; [2021] 5 BLLR 475 (LAC); (2021) 42 ILJ 1071 (LAC) (22 January 2021)

The Labour Appeal Court held that none of the appellant's grounds of review demonstrated that the arbitrator's award was unreasonable. The arbitrator's conduct during the hearing did not amount to bias or undue interference, and any procedural errors regarding representation were immaterial to the outcome, as the...

Source-derived case information.

Citation
[2021] ZALAC 5
Parties
Appellant: Securitas Specialised Services (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Khumalo, Mduzi N.O; Respondent: Kungiwe Amalgamated Workers Union obo Peheme Edward
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
22 January 2021
Case Number
JA 06/2019
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award
Outcome
Appeal dismissed with costs.
Judges
Davis JA, Murphy AJA, Kathree-Setiloane AJA
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Progressive Discipline, Representation at Disciplinary Hearing
Labour Law Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness Progressive Discipline Representation at Disciplinary Hearing

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Summary, issues, holding and outcome

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Parties

Securitas Specialised Services (Pty) Ltd

Appellant

Commission for Conciliation Mediation and Arbitration

Respondent

Khumalo, Mduzi N.O

Respondent

Kungiwe Amalgamated Workers Union obo Peheme Edward

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA arbitrator's award finding both procedural and substantive unfairness in the employee's dismissal was reasonable.
  2. 2 Whether the arbitrator's alleged procedural misdirections were material to the outcome.
  3. 3 Whether the sanction of dismissal was appropriate in light of progressive discipline applied to other employees.

Ratio Decidendi

The Labour Appeal Court held that none of the appellant's grounds of review demonstrated that the arbitrator's award was unreasonable. The arbitrator's conduct during the hearing did not amount to bias or undue interference, and any procedural errors regarding representation were immaterial to the outcome, as the dismissal was substantively unfair. The evidence did not support the most serious allegations against the employee, and the appellant failed to apply progressive discipline consistently. The Labour Court correctly dismissed the review application, as the arbitrator's decision was one that a reasonable decision-maker could reach on the totality of the evidence. The appeal was...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.