Shatterprufe (Pty) Ltd v Sesani NO and Others (PA4/13) [2014] ZALAC 44 (10 September 2014)

Shatterprufe (Pty) Ltd v Sesani NO and Others (PA4/13) [2014] ZALAC 44 (10 September 2014)

The Labour Appeal Court held that the arbitrator did not commit a gross irregularity by failing to resolve factual disputes regarding whether sms communication was sufficient or whether a competent operator was available for the Bando machine. The arbitrator applied her mind to the issues and reasonably concluded that the escalation procedure required actual notification, not merely sending sms messages, and that the employee's failure to comply resulted in financial losses. Even if the factual disputes were resolved in the employee's favour, the outcome would have been the same, as ineffective communication did not satisfy the escalation policy. The sanction of dismissal, though harsh,...

Citation
[2014] ZALAC 44
Parties
Appellant: Shatterprufe (Pty) Ltd; Respondent: Ntombekhaya Sesani N.O.; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Joseph Sonamzi
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 September 2014
Case Number
PA4/13
Procedural Posture
Review Application / Appeal
Outcome
Appeal upheld; Labour Court order set aside; review application dismissed with no order as to costs.
Judges
Waglay, Murphy, Dlodlo
Legal Topics
Dismissal for Misconduct, Failure to Follow Procedure, Arbitration Review, Sanction Appropriateness
Labour Law Civil Procedure Dismissal for Misconduct Failure to Follow Procedure Arbitration Review Sanction Appropriateness

Case Brief

Summary, issues, holding and outcome

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Parties

Shatterprufe (Pty) Ltd

Appellant

Ntombekhaya Sesani N.O.

Respondent

National Bargaining Council for the Chemical Industry

Respondent

Joseph Sonamzi

Respondent

Procedural Posture

Review Application / Appeal

Legal Issues

  1. 1 Whether the arbitrator's failure to resolve factual disputes constituted a gross irregularity under section 145 of the LRA.
  2. 2 Whether the dismissal of the employee for failure to follow the escalation procedure was substantively and procedurally fair.
  3. 3 Whether communication by sms satisfied the escalation procedure requirements.

Ratio Decidendi

The Labour Appeal Court held that the arbitrator did not commit a gross irregularity by failing to resolve factual disputes regarding whether sms communication was sufficient or whether a competent operator was available for the Bando machine. The arbitrator applied her mind to the issues and reasonably concluded that the escalation procedure required actual notification, not merely sending sms messages, and that the employee's failure to comply resulted in financial losses. Even if the factual disputes were resolved in the employee's favour, the outcome would have been the same, as ineffective communication did not satisfy the escalation policy. The sanction of dismissal, though harsh,...

Court Disposition

Appeal upheld; Labour Court order set aside; review application dismissed with no order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Labour Court is set aside and replaced with: 'The application is dismissed with no order as to costs.'