Security 21 Protection Services (Pty) Limited v CCMA and Others (J1599/99, 2435/99) [2001] ZALC 138 (4 September 2001)

Security 21 Protection Services (Pty) Limited v CCMA and Others (J1599/99, 2435/99) [2001] ZALC 138 (4 September 2001)

The court found that the arbitrator's award was based on a fundamental factual error, confusing the situation of employees at different sites and incorrectly finding an expectation of continued employment for the Thames employees. The evidence showed that only the possibility of alternative employment was raised, not a binding agreement or expectation. The arbitrator's conclusion of unfair dismissal was not justifiable on the facts. The court condoned the late filing of the review application due to the cogency of the applicant's case and the risk of miscarriage of justice if the award stood. The court substituted its own decision, finding the termination of employment to be fair and...

Citation
[2001] ZALC 138
Parties
Applicant: Security 21 Protection Services (Pty) Limited; Respondent: CCMA; Respondent: Ike Ngwenya, N.O.; Respondent: Transport and General Workers' Union; Respondent: J. Mokaeane; Respondent: Z. Lebakeng; Respondent: P. Motloung; Respondent: A. Khunong; Respondent: P. Chibase
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 September 2001
Case Number
J1599/99, 2435/99
Procedural Posture
Review Application / Judgment
Outcome
Review application successful; arbitration award set aside; termination of employment found to be fair.
Judges
A.E. Franklin
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Condonation of Late Filing, Ccma Jurisdiction
Labour Law Civil Procedure Unfair Dismissal Fixed Term Contracts Condonation of Late Filing Ccma Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Security 21 Protection Services (Pty) Limited

Applicant

CCMA

Respondent

Ike Ngwenya, N.O.

Respondent

Transport and General Workers' Union

Respondent

J. Mokaeane

Respondent

Z. Lebakeng

Respondent

P. Motloung

Respondent

A. Khunong

Respondent

P. Chibase

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to entertain the dispute given the late referral.
  2. 2 Whether the termination of employment of the Third to Eighth Respondents constituted an unfair dismissal.
  3. 3 Whether the arbitration award was justifiable based on the facts and evidence presented.

Ratio Decidendi

The court found that the arbitrator's award was based on a fundamental factual error, confusing the situation of employees at different sites and incorrectly finding an expectation of continued employment for the Thames employees. The evidence showed that only the possibility of alternative employment was raised, not a binding agreement or expectation. The arbitrator's conclusion of unfair dismissal was not justifiable on the facts. The court condoned the late filing of the review application due to the cogency of the applicant's case and the risk of miscarriage of justice if the award stood. The court substituted its own decision, finding the termination of employment to be fair and...

Court Disposition

Review application successful; arbitration award set aside; termination of employment found to be fair.

Orders

  • The applicant's late filing of its review application under case number J1599/99 is condoned.
  • The arbitration award dated 5 February 1999 under case number GA36685 is reviewed and set aside.