Simunyola v General Public Service Sectoral Bargaining Council and Others (D934/09) [2013] ZALCD 18 (5 April 2013)

Simunyola v General Public Service Sectoral Bargaining Council and Others (D934/09) [2013] ZALCD 18 (5 April 2013)

The court found that the arbitrator did not misplace the onus of proof, as a contextual reading of the award showed he was aware of where the onus rested. The applicant's claim of being burdened with the onus was opportunistic and unsupported by the record. The arbitrator correctly identified the existence of a rule or standard requiring disclosure of relationships in the selection process, and the applicant, as a senior human resources official, ought to have known and complied with this duty. The evidence did not support the applicant's allegations of inconsistency or bias, and the sanction of dismissal was not shown to be unfair or unreasonable. The grounds for review were dismissed as...

Citation
[2013] ZALCD 18
Parties
Applicant: Joyce Simunyola; Respondent: General Public Service Sectoral Bargaining Council; Respondent: S. McGladdery; Respondent: Department of Justice and Constitutional Development
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 April 2013
Case Number
D934/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
Cele
Legal Topics
Unfair Dismissal, Disciplinary Code, Onus of Proof, Parity Principle, Misconduct, Recusal in Selection Panel
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Onus of Proof Parity Principle Misconduct Recusal in Selection Panel

Case Brief

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Parties

Joyce Simunyola

Applicant

General Public Service Sectoral Bargaining Council

Respondent

S. McGladdery

Respondent

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable defect by allegedly misplacing the onus of proof.
  2. 2 Whether the applicant breached a rule or standard by failing to disclose her relationship with a candidate.
  3. 3 Whether the sanction of dismissal was consistent and fair in light of alleged similar conduct by other employees.

Ratio Decidendi

The court found that the arbitrator did not misplace the onus of proof, as a contextual reading of the award showed he was aware of where the onus rested. The applicant's claim of being burdened with the onus was opportunistic and unsupported by the record. The arbitrator correctly identified the existence of a rule or standard requiring disclosure of relationships in the selection process, and the applicant, as a senior human resources official, ought to have known and complied with this duty. The evidence did not support the applicant's allegations of inconsistency or bias, and the sanction of dismissal was not shown to be unfair or unreasonable. The grounds for review were dismissed as...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • No costs order is made.