Segona v Education Labour Relations Council and Others (JA163/17) [2019] ZALAC 51; [2019] 12 BLLR 1327 (LAC) (27 June 2019)

Segona v Education Labour Relations Council and Others (JA163/17) [2019] ZALAC 51; [2019] 12 BLLR 1327 (LAC) (27 June 2019)

The Labour Appeal Court held that the arbitrator correctly characterised the dispute as one of unfair labour practice relating to demotion, not misconduct. The appellant bore the onus to prove the unfair labour practice, and failed to do so. The evidence at the disciplinary hearing, which was not challenged by the appellant, justified the employer's sanction of demotion. The arbitrator's award was reasonable and there was no basis for interference. The Labour Court was correct in dismissing the review application, and the appeal was dismissed as it was based on tenuous grounds that did not affect the reasonableness of the arbitrator's award.

Citation
[2019] ZALAC 51
Parties
Appellant: Mapitsi Gladys Segona; Respondent: Education Labour Relations Council; Respondent: E Maree; Respondent: Mpumalanga Department of Education
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
JA163/17
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed.
Judges
Waglay, Coppin, Savage
Legal Topics
Unfair Labour Practice, Demotion, Burden of Proof, Disciplinary Hearing, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Demotion Burden of Proof Disciplinary Hearing Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Mapitsi Gladys Segona

Appellant

Education Labour Relations Council

Respondent

E Maree

Respondent

Mpumalanga Department of Education

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the arbitrator erred in finding that the appellant failed to prove an unfair labour practice by the employer in demoting her.
  2. 2 Whether the arbitrator mischaracterised the dispute as one of unfair labour practice rather than misconduct.
  3. 3 Whether the arbitrator incorrectly placed the onus of proof on the appellant.

Ratio Decidendi

The Labour Appeal Court held that the arbitrator correctly characterised the dispute as one of unfair labour practice relating to demotion, not misconduct. The appellant bore the onus to prove the unfair labour practice, and failed to do so. The evidence at the disciplinary hearing, which was not challenged by the appellant, justified the employer's sanction of demotion. The arbitrator's award was reasonable and there was no basis for interference. The Labour Court was correct in dismissing the review application, and the appeal was dismissed as it was based on tenuous grounds that did not affect the reasonableness of the arbitrator's award.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.