South African Chemical Workers Union and Another v Commission for Conciliation, Mediation and and Others (J1409/98) [1998] ZALC 95 (30 October 1998)

South African Chemical Workers Union and Another v Commission for Conciliation, Mediation and and Others (J1409/98) [1998] ZALC 95 (30 October 1998)

The court found that the Commissioner’s reasoning was illogical and unfair to the parties, as she introduced the ground of operational requirements for dismissal, which was not advanced by the employer nor addressed by the employee. The Commissioner failed to consider whether the dismissal was substantively fair for breach of the picking procedures. The award was therefore not justifiable or rationally connected to the evidence and must be reviewed and set aside. The matter should be remitted to the Commissioner to determine the appropriate sanction for breach of the picking procedures.

Citation
[1998] ZALC 95
Parties
Applicant: South African Chemical Workers Union; Applicant: C. Ndaba; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Ingrid de Villiers NO; Respondent: Justine Avon (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 October 1998
Case Number
J1409/98
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award relating to Mr Ndaba is reviewed and set aside. The matter is remitted to the Commissioner to determine the appropriate sanction for breach of the picking procedures. Costs are awarded against the respondent.
Judges
A A Landman
Legal Topics
Unfair Dismissal, Procedural Fairness, Review of Arbitration Award, Operational Requirements Dismissal
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Review of Arbitration Award Operational Requirements Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

South African Chemical Workers Union

Applicant

C. Ndaba

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Ingrid de Villiers NO

Respondent

Justine Avon (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award regarding Mr Ndaba's dismissal was justifiable and rational.
  2. 2 Whether the Commissioner erred in finding procedural unfairness but substantive fairness based on operational requirements.
  3. 3 What the appropriate sanction is for breach of the employer's picking procedures.

Ratio Decidendi

The court found that the Commissioner’s reasoning was illogical and unfair to the parties, as she introduced the ground of operational requirements for dismissal, which was not advanced by the employer nor addressed by the employee. The Commissioner failed to consider whether the dismissal was substantively fair for breach of the picking procedures. The award was therefore not justifiable or rationally connected to the evidence and must be reviewed and set aside. The matter should be remitted to the Commissioner to determine the appropriate sanction for breach of the picking procedures.

Court Disposition

The arbitration award relating to Mr Ndaba is reviewed and set aside. The matter is remitted to the Commissioner to determine the appropriate sanction for breach of the picking procedures. Costs are awarded against the respondent.

Orders

  • The award of the Senior Commissioner dated 16 March 1998, as far as it relates to the second applicant, is reviewed and set aside.
  • The matter is remitted to the second respondent to consider an appropriate sanction for breach of the picking procedure and to make an award accordingly.