Shoprite Checkers (Pty) Ltd v CCMA and Others (C339/13) [2014] ZALCCT 18 (16 April 2014)

Shoprite Checkers (Pty) Ltd v CCMA and Others (C339/13) [2014] ZALCCT 18 (16 April 2014)

The court found that the arbitrator misconceived the nature of the enquiry by requiring overly technical particulars and applying an incorrect legal test for causation. The disciplinary allegations were sufficiently clear, and the employees understood the charges and had the opportunity to defend themselves. The evidence established that the employees were aware of the procedures, failed to follow them, and their gross negligence caused the financial losses. The arbitrator's conclusion was unreasonable and amounted to a gross irregularity. The dismissals were fair and justified, and the arbitration award was set aside and replaced with a finding that the dismissals were fair.

Citation
[2014] ZALCCT 18
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: CCMA; Respondent: Commissioner J le F Pienaar; Respondent: SACCAWU; Respondent: Jacoba Wiggins; Respondent: Thandokazi Tontsi; Respondent: Amalia van Harte
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
16 April 2014
Case Number
C339/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; replaced with a finding that the dismissals of the three employees were fair.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Gross Negligence, Disciplinary Procedure, Arbitration Review
Labour Law Unfair Dismissal Gross Negligence Disciplinary Procedure Arbitration Review

Case Brief

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

CCMA

Respondent

Commissioner J le F Pienaar

Respondent

SACCAWU

Respondent

Jacoba Wiggins

Respondent

Thandokazi Tontsi

Respondent

Amalia van Harte

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator misconceived the nature of the enquiry regarding gross negligence and misconduct.
  2. 2 Whether the employees were fairly dismissed for gross negligence resulting in financial losses.
  3. 3 Whether the disciplinary and arbitration procedures complied with the Code of Good Practice.

Ratio Decidendi

The court found that the arbitrator misconceived the nature of the enquiry by requiring overly technical particulars and applying an incorrect legal test for causation. The disciplinary allegations were sufficiently clear, and the employees understood the charges and had the opportunity to defend themselves. The evidence established that the employees were aware of the procedures, failed to follow them, and their gross negligence caused the financial losses. The arbitrator's conclusion was unreasonable and amounted to a gross irregularity. The dismissals were fair and justified, and the arbitration award was set aside and replaced with a finding that the dismissals were fair.

Court Disposition

Arbitration award reviewed and set aside; replaced with a finding that the dismissals of the three employees were fair.

Orders

  • The arbitration award of the second respondent dated 15 April 2013 under case number WECT 18572-12 is reviewed and set aside.
  • The award is replaced with the following: The dismissal of Ms Jacoba Wiggins, Ms Thandokazi Tontsi, and Ms Amalia van Harte was fair.