South African Breweries (Pty) Ltd v Hansen and Others (C165/15) [2016] ZALCCT 1; [2016] 5 BLLR 516 (LC) (2 January 2016)

South African Breweries (Pty) Ltd v Hansen and Others (C165/15) [2016] ZALCCT 1; [2016] 5 BLLR 516 (LC) (2 January 2016)

The court found that the arbitrator considered the evidence holistically and weighed the probabilities. The arbitrator's conclusion that the applicant had not discharged the onus to prove that Hansen uttered the racist statement was reasonable and supported by the evidence. The discrepancies in the testimony of Booysen and Carolus, the lack of mention of racist language to the controller, and the credibility findings were all properly considered. The court held that the award was not so unreasonable that no other arbitrator could have reached the same conclusion. There was no irregularity in the conduct of the proceedings, and the award was not reviewable.

Citation
[2016] ZALCCT 1
Parties
Applicant: South African Breweries (Pty) Ltd; Respondent: Heindrich Hansen; Respondent: CCMA; Respondent: Hilary Mofsowitz N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 January 2016
Case Number
C165/15
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Application for review dismissed. The arbitration award stands and Hansen is reinstated.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Racist Language in Workplace, Review of Arbitration Award, Credibility of Witnesses
Labour Law Civil Procedure Unfair Dismissal Racist Language in Workplace Review of Arbitration Award Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

South African Breweries (Pty) Ltd

Applicant

Heindrich Hansen

Respondent

CCMA

Respondent

Hilary Mofsowitz N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding that the dismissal was unfair is reviewable.
  2. 2 Whether the applicant discharged the onus to prove that the respondent uttered a racist statement.
  3. 3 Whether the arbitrator's assessment of witness credibility and documentary evidence was reasonable.

Ratio Decidendi

The court found that the arbitrator considered the evidence holistically and weighed the probabilities. The arbitrator's conclusion that the applicant had not discharged the onus to prove that Hansen uttered the racist statement was reasonable and supported by the evidence. The discrepancies in the testimony of Booysen and Carolus, the lack of mention of racist language to the controller, and the credibility findings were all properly considered. The court held that the award was not so unreasonable that no other arbitrator could have reached the same conclusion. There was no irregularity in the conduct of the proceedings, and the award was not reviewable.

Court Disposition

Application for review dismissed. The arbitration award stands and Hansen is reinstated.

Orders

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