Shabangu v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/19) [2025] ZALCJHB 125 (27 February 2025)

Shabangu v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/19) [2025] ZALCJHB 125 (27 February 2025)

The Labour Court found that the CCMA commissioner’s decision was reasonable and supported by the evidence. The applicant failed to challenge the material aspects of CM’s account of unwelcome sexual conduct during cross-examination, relying instead on speculative arguments about her marital issues. The evidence...

Source-derived case information.

Citation
[2025] ZALCJHB 125
Parties
Applicant: Oupa Shabangu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Willem Koekemoer N.O.; Respondent: Pepkor Retail (Pty) Ltd t/a Pep SA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2025
Case Number
JR2023/19
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
The application for condonation is granted. The review application is dismissed with no order as to costs.
Judges
Makhura
Legal Topics
Sexual Harassment, Unfair Dismissal, Code of Good Practice, Condonation, Review of Arbitration Award
Labour Law Sexual Harassment Unfair Dismissal Code of Good Practice Condonation Review of Arbitration Award

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Summary, issues, holding and outcome

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Parties

Oupa Shabangu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Willem Koekemoer N.O.

Respondent

Pepkor Retail (Pty) Ltd t/a Pep SA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner’s finding of substantive fairness in the applicant’s dismissal for sexual harassment was reasonable.
  2. 2 Whether the applicant’s procedural challenges to the disciplinary and arbitration process warrant review.
  3. 3 Whether the sanction of dismissal was appropriate given the applicant’s disciplinary record and the nature of the misconduct.

Ratio Decidendi

The Labour Court found that the CCMA commissioner’s decision was reasonable and supported by the evidence. The applicant failed to challenge the material aspects of CM’s account of unwelcome sexual conduct during cross-examination, relying instead on speculative arguments about her marital issues. The evidence established that the applicant engaged in serious physical sexual harassment, disregarding CM’s dignity, privacy, and integrity. The applicant’s clean disciplinary record and continued employment after the incident did not outweigh the gravity of the misconduct, especially in a company with a predominantly female workforce and a prior written apology for similar behaviour. The...

Court Disposition

The application for condonation is granted. The review application is dismissed with no order as to costs.

Orders

  • The application for condonation is granted.
  • The review application is dismissed.