South African Municipal Workers Union and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2220/15) [2018] ZALCJHB 243 (10 July 2018)

South African Municipal Workers Union and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2220/15) [2018] ZALCJHB 243 (10 July 2018)

The court found that the arbitrator's award was reasonable and supported by the evidence. The arbitrator properly considered whether Mr Bhengu had pleaded guilty to the charges, the nature of his misconduct, and the appropriateness of the sanction. The disciplinary code provided that the managing director or nominee decides appeals, and in this case, the appeal chairperson acted as the nominee. However, the managing director's subsequent rejection of the appeal chairperson's recommendation did not invalidate the dismissal, as the code did not provide for the appeal chairperson to make a mere recommendation but to decide the appeal. The arbitrator's findings on dishonesty, trustworthiness,...

Citation
[2018] ZALCJHB 243
Parties
Applicant: South African Municipal Workers Union; Applicant: Simon Bhengu; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Eric Myhill, N.O.; Respondent: City Power Johannesburg SOC Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2018
Case Number
JR 2220/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Disciplinary Code Interpretation, Procedural Fairness, Substantive Fairness, Ultra Vires Decision, Trust Relationship
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Interpretation Procedural Fairness Substantive Fairness Ultra Vires Decision Trust Relationship

Case Brief

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Parties

South African Municipal Workers Union

Applicant

Simon Bhengu

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

Eric Myhill, N.O.

Respondent

City Power Johannesburg SOC Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award upholding the dismissal of Mr Bhengu was reasonable on the evidence presented.
  2. 2 Whether the managing director acted ultra vires in imposing the sanction of dismissal contrary to the disciplinary code.
  3. 3 Whether the failure to call the managing director as a witness rendered the arbitration unfair.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and supported by the evidence. The arbitrator properly considered whether Mr Bhengu had pleaded guilty to the charges, the nature of his misconduct, and the appropriateness of the sanction. The disciplinary code provided that the managing director or nominee decides appeals, and in this case, the appeal chairperson acted as the nominee. However, the managing director's subsequent rejection of the appeal chairperson's recommendation did not invalidate the dismissal, as the code did not provide for the appeal chairperson to make a mere recommendation but to decide the appeal. The arbitrator's findings on dishonesty, trustworthiness,...

Court Disposition

Review application dismissed.

Orders

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