Sosti Construction Projects (Pty) Limited v Commission for Conciliation Mediation And Arbitration and Others (JR 1616/13) [2015] ZALCJHB 74 (3 March 2015)

Sosti Construction Projects (Pty) Limited v Commission for Conciliation Mediation And Arbitration and Others (JR 1616/13) [2015] ZALCJHB 74 (3 March 2015)

The court found that the only direct evidence regarding the nature and termination of the relationship was that of the Third and Further Respondents, who demonstrated that they performed work for the Applicant, held specific positions, and received monthly remuneration. The Applicant's evidence was hearsay and did not challenge the material facts. The relationship, although possibly originating as an investor arrangement, evolved into an employment relationship. The termination of payments and refusal of further contact by Mr Nkuna constituted a dismissal. The Applicant failed to prove that the dismissal was for a fair reason or followed a fair procedure. The arbitrator's findings that...

Citation
[2015] ZALCJHB 74
Parties
Applicant: Sosti Construction Projects (Pty) Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner P Mbatsana; Respondent: Jacques Plaisier; Respondent: Cornelius Plaisier; Respondent: Cecilia Plaisier; Respondent: Corne Plaisier
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 March 2015
Case Number
JR 1616/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
Malan
Legal Topics
Employment Relationship, Dismissal, Unfair Dismissal, Arbitration Review, Dominant Impression Test
Labour Law Employment Relationship Dismissal Unfair Dismissal Arbitration Review Dominant Impression Test

Case Brief

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Parties

Sosti Construction Projects (Pty) Limited

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner P Mbatsana

Respondent

Jacques Plaisier

Respondent

Cornelius Plaisier

Respondent

Cecilia Plaisier

Respondent

Corne Plaisier

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Third and Further Respondents were employees of the Applicant within the meaning of the Labour Relations Act.
  2. 2 Whether the termination of the relationship constituted a dismissal under the Labour Relations Act.
  3. 3 Whether the dismissal was substantively and procedurally unfair.

Ratio Decidendi

The court found that the only direct evidence regarding the nature and termination of the relationship was that of the Third and Further Respondents, who demonstrated that they performed work for the Applicant, held specific positions, and received monthly remuneration. The Applicant's evidence was hearsay and did not challenge the material facts. The relationship, although possibly originating as an investor arrangement, evolved into an employment relationship. The termination of payments and refusal of further contact by Mr Nkuna constituted a dismissal. The Applicant failed to prove that the dismissal was for a fair reason or followed a fair procedure. The arbitrator's findings that...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.