Sibiya v Commission for Conciliation, Mediation And Arbitration and Others (D737/13) [2015] ZALCD 37; [2015] 10 BLLR 1060 (LC) (12 June 2015)

Sibiya v Commission for Conciliation, Mediation And Arbitration and Others (D737/13) [2015] ZALCD 37; [2015] 10 BLLR 1060 (LC) (12 June 2015)

The court found that although the applicant's dismissal was substantively unfair, the circumstances surrounding the dismissal, including the applicant's post-dismissal conduct and serious allegations against senior management, rendered a continued employment relationship intolerable and not reasonably practicable. The applicant's failure to testify and his involvement in wild and scandalous allegations against the employer confirmed the breakdown of trust. The court held that reinstatement was not a fair or reasonable remedy and dismissed the review application for reinstatement.

Citation
[2015] ZALCD 37
Parties
Applicant: Sithembiso Reginald Sibiya; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: First National Bank (FNB); Respondent: Jabulani Ngwane (Commissioner)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 June 2015
Case Number
D737/13
Procedural Posture
Review Application / Judgment on Review Application Regarding Reinstatement After Arbitration Award
Outcome
Review application for reinstatement dismissed. Costs awarded against the applicant.
Judges
Cele
Legal Topics
Unfair Dismissal, Reinstatement, Compensation, Breakdown of Trust, Section 193 Lra, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Reinstatement Compensation Breakdown of Trust Section 193 Lra Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sithembiso Reginald Sibiya

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

First National Bank (FNB)

Respondent

Jabulani Ngwane (Commissioner)

Respondent

Procedural Posture

Review Application / Judgment on Review Application Regarding Reinstatement After Arbitration Award

Legal Issues

  1. 1 Whether the applicant is entitled to reinstatement as a remedy for unfair dismissal.
  2. 2 Whether the circumstances surrounding the dismissal render continued employment intolerable or impracticable.
  3. 3 Whether the arbitration award should be reviewed and corrected to substitute compensation with reinstatement.

Ratio Decidendi

The court found that although the applicant's dismissal was substantively unfair, the circumstances surrounding the dismissal, including the applicant's post-dismissal conduct and serious allegations against senior management, rendered a continued employment relationship intolerable and not reasonably practicable. The applicant's failure to testify and his involvement in wild and scandalous allegations against the employer confirmed the breakdown of trust. The court held that reinstatement was not a fair or reasonable remedy and dismissed the review application for reinstatement.

Court Disposition

Review application for reinstatement dismissed. Costs awarded against the applicant.

Orders

  • The applicant’s review application on reinstatement is dismissed.
  • The applicant is to pay the costs thereof.