Solidarity obo Wilkinson and Another v Eastern Cape Liquor Board Commission for Conciliation and Others (P 277/12) [2015] ZALCPE 1 (7 January 2015)

Solidarity obo Wilkinson and Another v Eastern Cape Liquor Board Commission for Conciliation and Others (P 277/12) [2015] ZALCPE 1 (7 January 2015)

The court found that the applicants' grounds for review amounted to an appeal rather than a proper review. The commissioner had correctly understood the nature of the enquiry, afforded the parties a fair opportunity to present their cases, and applied his mind to the evidence. The commissioner’s conclusions regarding the lawfulness of Zoscan Trading’s operations, the appropriateness of issuing a compliance notice, and the role of the SAPS were reasonable. The applicants failed to demonstrate that the commissioner’s decision was one that no reasonable decision-maker could reach. The sanction of dismissal was justified given the seriousness of the misconduct and the lack of remorse or...

Citation
[2015] ZALCPE 1
Parties
Applicant: Solidarity obo Wilkinson, V.I and 1 Other; Respondent: Eastern Cape Liquor Board; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: John Robertson N.O.
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
7 January 2015
Case Number
P 277/12
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Dismissal for Misconduct, Reasonableness Test, Breach of Trust
Labour Law Civil Procedure Review of Arbitration Award Dismissal for Misconduct Reasonableness Test Breach of Trust

Case Brief

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Parties

Solidarity obo Wilkinson, V.I and 1 Other

Applicant

Eastern Cape Liquor Board

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

John Robertson N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award upholding the dismissal of Wilkinson and Ndema was reasonable and justifiable.
  2. 2 Whether the commissioner correctly applied the legal principles governing review of arbitration awards.
  3. 3 Whether the sanction of dismissal was appropriate given the alleged misconduct and breach of trust.

Ratio Decidendi

The court found that the applicants' grounds for review amounted to an appeal rather than a proper review. The commissioner had correctly understood the nature of the enquiry, afforded the parties a fair opportunity to present their cases, and applied his mind to the evidence. The commissioner’s conclusions regarding the lawfulness of Zoscan Trading’s operations, the appropriateness of issuing a compliance notice, and the role of the SAPS were reasonable. The applicants failed to demonstrate that the commissioner’s decision was one that no reasonable decision-maker could reach. The sanction of dismissal was justified given the seriousness of the misconduct and the lack of remorse or...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.