Sekobo v MEC Department of Basic Education (Gauteng) and Others (JR 409/13) [2015] ZALCJHB 51 (24 February 2015)

Sekobo v MEC Department of Basic Education (Gauteng) and Others (JR 409/13) [2015] ZALCJHB 51 (24 February 2015)

The court found that the applicant was not disciplined under legislation specifically applicable to educators, but rather under the Disciplinary Code and Procedures of the Public Service Act. This ground was not raised during the hearing of evidence and was only argued later, so it failed. Regarding the evidence of sexual assault, the arbitrator reasonably found, based on the credibility of witnesses and the absence of any plausible motive for the principal to fabricate the complaint, that the applicant had engaged in non-consensual sexual activity with the complainant. The arbitrator's findings were not unreasonable and could be reached on the evidence before her. The review application...

Citation
[2015] ZALCJHB 51
Parties
Applicant: Nelson Sekobo; Respondent: MEC: Department of Basic Education (Gauteng); Respondent: Commissioner Pearl N Mbekwa (N.O.); Respondent: Commission for Conciliation, Mediation And Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 February 2015
Case Number
JR 409/13
Procedural Posture
Review Application / Judgment on Unopposed Review Application Following Arbitration Award
Outcome
Application dismissed; condonation for late filing granted; no order as to costs.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Disciplinary Code and Procedure, Review of Arbitration Award, Credibility of Witnesses
Labour Law Unfair Dismissal Disciplinary Code and Procedure Review of Arbitration Award Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Nelson Sekobo

Applicant

MEC: Department of Basic Education (Gauteng)

Respondent

Commissioner Pearl N Mbekwa (N.O.)

Respondent

Commission for Conciliation, Mediation And Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Unopposed Review Application Following Arbitration Award

Legal Issues

  1. 1 Whether the applicant was subject to the code of conduct for educators or the Public Service Act.
  2. 2 Whether there was evidence of sexual assault or harassment before the arbitrator.
  3. 3 Whether the arbitrator's findings were reasonable on the evidence presented.

Ratio Decidendi

The court found that the applicant was not disciplined under legislation specifically applicable to educators, but rather under the Disciplinary Code and Procedures of the Public Service Act. This ground was not raised during the hearing of evidence and was only argued later, so it failed. Regarding the evidence of sexual assault, the arbitrator reasonably found, based on the credibility of witnesses and the absence of any plausible motive for the principal to fabricate the complaint, that the applicant had engaged in non-consensual sexual activity with the complainant. The arbitrator's findings were not unreasonable and could be reached on the evidence before her. The review application...

Court Disposition

Application dismissed; condonation for late filing granted; no order as to costs.

Orders

  • The applicant's late filing of the review application is condoned.
  • The application is dismissed.