Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22) [2024] ZALCPE 31 (15 July 2024)

Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22) [2024] ZALCPE 31 (15 July 2024)

The court found that Silver Solutions failed to provide crucial evidence, such as the service level agreement and statements from the vessel crew, to substantiate the grounds for Ms Kulati's dismissal. The arbitrator was correct to scrutinize the company's limited efforts to find alternatives and to reject the assertion that all reasonable avenues were exhausted. The dismissal was inextricably linked to Transnet's revocation of access, but Silver Solutions did not establish that this action was valid under the agreement or that supervening impossibility was properly triggered. The process was a fait accompli, lacking meaningful engagement or consideration of alternatives. The arbitrator's...

Citation
[2024] ZALCPE 31
Parties
Applicant: Silver Solutions Security (Pty) Ltd; Respondent: Hadley Saayman, N.O.; Respondent: CCMA; Respondent: Gcobisa Kulati
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 July 2024
Case Number
PR192/22
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Mark Thys
Legal Topics
Dismissal for Incapacity, Supervening Impossibility, Procedural Fairness, Arbitration Review, Termination of Employment
Labour Law Dismissal for Incapacity Supervening Impossibility Procedural Fairness Arbitration Review Termination of Employment

Case Brief

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Parties

Silver Solutions Security (Pty) Ltd

Applicant

Hadley Saayman, N.O.

Respondent

CCMA

Respondent

Gcobisa Kulati

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award was unreasonable and subject to review.
  2. 2 Whether the dismissal of Ms Kulati was substantively and procedurally fair.
  3. 3 Whether supervening impossibility was properly established as a ground for dismissal.

Ratio Decidendi

The court found that Silver Solutions failed to provide crucial evidence, such as the service level agreement and statements from the vessel crew, to substantiate the grounds for Ms Kulati's dismissal. The arbitrator was correct to scrutinize the company's limited efforts to find alternatives and to reject the assertion that all reasonable avenues were exhausted. The dismissal was inextricably linked to Transnet's revocation of access, but Silver Solutions did not establish that this action was valid under the agreement or that supervening impossibility was properly triggered. The process was a fait accompli, lacking meaningful engagement or consideration of alternatives. The arbitrator's...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs at Scale A.