Sepang v Dibakwane and Others (JR 2610/12) [2015] ZALCJHB 235 (4 August 2015)

Sepang v Dibakwane and Others (JR 2610/12) [2015] ZALCJHB 235 (4 August 2015)

The court found that the applicant’s grounds for review were broad and unsubstantiated, failing to lay a proper foundation for the allegations against the Commissioner. The conduct of the applicant’s legal representative, who was unprepared and abandoned the proceedings, did not amount to misconduct by the Commissioner. The applicant was afforded a fair opportunity to present her case, including cross-examination and proceeding on her own after her representative left. The Commissioner’s findings on the merits were supported by evidence: the applicant, as store manager, breached company policy by sharing her password, which led to significant stock loss. Her claim of a directive...

Citation
[2015] ZALCJHB 235
Parties
Applicant: Mampeka Christina Sepeng; Respondent: David Dibakwane; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Barnetts
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2015
Case Number
JR 2610/12
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
The application to review and set aside the arbitration award is dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Inconsistency in Discipline, Breach of Company Policy
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Inconsistency in Discipline Breach of Company Policy

Case Brief

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Parties

Mampeka Christina Sepeng

Applicant

David Dibakwane

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Barnetts

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner deprived the applicant of a fair hearing during arbitration.
  2. 2 Whether the Commissioner’s award finding the dismissal substantively fair was one that a reasonable decision-maker could reach.
  3. 3 Whether the applicant was denied the opportunity to present evidence of inconsistency in disciplinary action.

Ratio Decidendi

The court found that the applicant’s grounds for review were broad and unsubstantiated, failing to lay a proper foundation for the allegations against the Commissioner. The conduct of the applicant’s legal representative, who was unprepared and abandoned the proceedings, did not amount to misconduct by the Commissioner. The applicant was afforded a fair opportunity to present her case, including cross-examination and proceeding on her own after her representative left. The Commissioner’s findings on the merits were supported by evidence: the applicant, as store manager, breached company policy by sharing her password, which led to significant stock loss. Her claim of a directive...

Court Disposition

The application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award dated 19 September 2012 issued by the first respondent under case number GATW195-12 is dismissed.
  • There is no order as to costs.