Seriti Power (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR1617/22) [2024] ZALCJHB 167 (16 April 2024)

Seriti Power (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR1617/22) [2024] ZALCJHB 167 (16 April 2024)

The court found that the commissioner’s conclusions were illogical, irrational, and unreasonable in light of the evidence that Mr Ncongwane ordered goods from a vendor not authorised to supply them, bypassed standard procurement procedures, and failed to account for missing items. The commissioner gave insufficient weight to uncontroverted evidence demonstrating breach of workplace rules and dishonesty. The commissioner’s analysis and order fell outside the spectrum of reasonableness required by Sidumo and Herholdt, constituting a reviewable defect under section 145 of the LRA. The arbitration award was therefore set aside and the dismissal found to be fair.

Citation
[2024] ZALCJHB 167
Parties
Applicant: Seriti Power (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mnisi VM N.O.; Respondent: National Union of Mineworkers; Respondent: Ncongwane, Daniel
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 April 2024
Case Number
JR1617/22
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review granted; arbitration award set aside; dismissal found to be fair.
Judges
Norton
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Dishonesty in Employment, Breach of Procurement Policy
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Dishonesty in Employment Breach of Procurement Policy

Case Brief

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Parties

Seriti Power (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mnisi VM N.O.

Respondent

National Union of Mineworkers

Respondent

Ncongwane, Daniel

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a reviewable defect in the arbitration award.
  2. 2 Whether the dismissal of Mr Ncongwane was substantively fair.
  3. 3 Whether the commissioner failed to properly evaluate the evidence and apply relevant legal principles.

Ratio Decidendi

The court found that the commissioner’s conclusions were illogical, irrational, and unreasonable in light of the evidence that Mr Ncongwane ordered goods from a vendor not authorised to supply them, bypassed standard procurement procedures, and failed to account for missing items. The commissioner gave insufficient weight to uncontroverted evidence demonstrating breach of workplace rules and dishonesty. The commissioner’s analysis and order fell outside the spectrum of reasonableness required by Sidumo and Herholdt, constituting a reviewable defect under section 145 of the LRA. The arbitration award was therefore set aside and the dismissal found to be fair.

Court Disposition

Review granted; arbitration award set aside; dismissal found to be fair.

Orders

  • The arbitration award under case number MPEM 3049/21 is reviewed and set aside.
  • The dismissal of Mr Ncongwane was fair.