Shoke v Commission For Conciliation, Mediation And Arbitration and Others (JR2686/12) [2014] ZALCJHB 211 (20 May 2014)

Shoke v Commission For Conciliation, Mediation And Arbitration and Others (JR2686/12) [2014] ZALCJHB 211 (20 May 2014)

The court found that the applicant's admission of placing cash received in a business transaction into a colleague's handbag and removing it from the workplace constituted blatant dishonesty. The explanation offered by the applicant was improbable and unsupported by the evidence. The commissioner reasonably concluded that the dismissal was substantively and procedurally fair. Alleged procedural irregularities, including refusal of postponement, insufficient notice, inability to review documents, and alleged bias, were either unfounded or did not render the award unreasonable. The review application was therefore dismissed as the award fell well within the band of reasonableness required...

Citation
[2014] ZALCJHB 211
Parties
Applicant: Raymond Shoke; Respondent: Commission For Conciliation, Mediation And Arbitration; Respondent: Commissioner Rob MacGregor; Respondent: SAA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 May 2014
Case Number
JR2686/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed; no order as to costs.
Judges
Snider
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Gross Dishonesty
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Gross Dishonesty

Case Brief

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Parties

Raymond Shoke

Applicant

Commission For Conciliation, Mediation And Arbitration

Respondent

Commissioner Rob MacGregor

Respondent

SAA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant's unfair dismissal claim was reviewable.
  2. 2 Whether the applicant's conduct constituted gross dishonesty and justified dismissal.
  3. 3 Whether procedural irregularities at the arbitration or disciplinary hearing rendered the award reviewable.

Ratio Decidendi

The court found that the applicant's admission of placing cash received in a business transaction into a colleague's handbag and removing it from the workplace constituted blatant dishonesty. The explanation offered by the applicant was improbable and unsupported by the evidence. The commissioner reasonably concluded that the dismissal was substantively and procedurally fair. Alleged procedural irregularities, including refusal of postponement, insufficient notice, inability to review documents, and alleged bias, were either unfounded or did not render the award unreasonable. The review application was therefore dismissed as the award fell well within the band of reasonableness required...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.