Shevel v CCMA and Others (C854/16) [2017] ZALCCT 69 (15 December 2017)

Shevel v CCMA and Others (C854/16) [2017] ZALCCT 69 (15 December 2017)

The court found that the arbitrator's award was reasonable and not open to review. The applicant was an employee who committed multiple acts of gross misconduct, including insubordination, attempted hostile takeover, incitement of staff to strike, theft of company property, and unauthorised access to emails. The trust relationship between employer and employee had broken down irretrievably, justifying dismissal. The arbitrator correctly found that profit share and credit card benefits were discretionary and not part of remuneration, and that there was insufficient evidence to support the claim for outstanding leave pay. The employer did not commit an unfair labour practice regarding...

Citation
[2017] ZALCCT 69
Parties
Applicant: Daniel Shevel; Respondent: CCMA; Respondent: Commissioner M. Nash N.O.; Respondent: Dr E Shevel Inc.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
15 December 2017
Case Number
C854/16
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
A J Steenkamp
Legal Topics
Unfair Dismissal, Gross Misconduct, Breakdown of Trust Relationship, Review of Arbitration Award, Remuneration Dispute, Leave Pay
Labour Law Unfair Dismissal Gross Misconduct Breakdown of Trust Relationship Review of Arbitration Award Remuneration Dispute Leave Pay

Case Brief

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Parties

Daniel Shevel

Applicant

CCMA

Respondent

Commissioner M. Nash N.O.

Respondent

Dr E Shevel Inc.

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA arbitrator's award finding the dismissal substantively and procedurally fair is reviewable.
  2. 2 Whether the applicant was entitled to profit share and credit card benefits as remuneration during suspension.
  3. 3 Whether the applicant was entitled to statutory leave pay.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and not open to review. The applicant was an employee who committed multiple acts of gross misconduct, including insubordination, attempted hostile takeover, incitement of staff to strike, theft of company property, and unauthorised access to emails. The trust relationship between employer and employee had broken down irretrievably, justifying dismissal. The arbitrator correctly found that profit share and credit card benefits were discretionary and not part of remuneration, and that there was insufficient evidence to support the claim for outstanding leave pay. The employer did not commit an unfair labour practice regarding...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.