Shoprite Checkers (Pty) Ltd v Pikoli and Others (PR96/13) [2015] ZALCPE 61 (4 November 2015)

Shoprite Checkers (Pty) Ltd v Pikoli and Others (PR96/13) [2015] ZALCPE 61 (4 November 2015)

The commissioner made mutually exclusive and contradictory findings regarding whether the first respondent accepted counterfeit money from a customer or if it was planted by another employee. This constituted a gross irregularity in the conduct of the arbitration and rendered the award unreasonable. The commissioner failed to properly evaluate the evidence and disregarded material facts, particularly regarding the consistent application of discipline. The totality of the evidence demonstrated that the first respondent was guilty of the charges and that her dismissal was substantively fair. The arbitration award was therefore reviewed and set aside, and substituted with a finding that the...

Citation
[2015] ZALCPE 61
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: Linda Harriet Pikoli; Respondent: South African Commercial Catering and Allied Workers Union (SACCAWU); Respondent: Commission for Conciliation Mediation and Arbitration (CCMA); Respondent: Commissioner Siyabonga Cokile N.O
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 November 2015
Case Number
PR96/13
Procedural Posture
Review Application / Judgment Delivered After Unopposed Review Hearing
Outcome
Arbitration award set aside and substituted with a finding that the dismissal was substantively fair.
Judges
Lallie
Legal Topics
Unfair Dismissal, Arbitration Review, Substantive Fairness, Inconsistent Discipline
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Substantive Fairness Inconsistent Discipline

Case Brief

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

Linda Harriet Pikoli

Respondent

South African Commercial Catering and Allied Workers Union (SACCAWU)

Respondent

Commission for Conciliation Mediation and Arbitration (CCMA)

Respondent

Commissioner Siyabonga Cokile N.O

Respondent

Procedural Posture

Review Application / Judgment Delivered After Unopposed Review Hearing

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal substantively unfair was reasonable and free of gross irregularity.
  2. 2 Whether the commissioner made mutually exclusive and contradictory findings regarding the acceptance of counterfeit money.
  3. 3 Whether the applicant applied discipline inconsistently to employees with significant till shortages.

Ratio Decidendi

The commissioner made mutually exclusive and contradictory findings regarding whether the first respondent accepted counterfeit money from a customer or if it was planted by another employee. This constituted a gross irregularity in the conduct of the arbitration and rendered the award unreasonable. The commissioner failed to properly evaluate the evidence and disregarded material facts, particularly regarding the consistent application of discipline. The totality of the evidence demonstrated that the first respondent was guilty of the charges and that her dismissal was substantively fair. The arbitration award was therefore reviewed and set aside, and substituted with a finding that the...

Court Disposition

Arbitration award set aside and substituted with a finding that the dismissal was substantively fair.

Orders

  • The arbitration award issued by the fourth respondent under case number ECPE 1542-13 dated 18 July 2013 is reviewed and set aside.
  • The dismissal of the first respondent was substantively fair.