South African Municipal Workers Union and Another v Govan Mbeki Local Municipality (JR 2492/09) [2013] ZALCJHB 220 (10 September 2013)

South African Municipal Workers Union and Another v Govan Mbeki Local Municipality (JR 2492/09) [2013] ZALCJHB 220 (10 September 2013)

The court found that Ms Mdlankomo, although not involved in the awarding of tenders, was responsible for monitoring service providers, including Live Selinge Civil Construction. Her arrangement with Mrs Lukhele, a director of a service provider, constituted a prohibited favour under the supply chain management policy and created a conflict of interest. The court held that the Commissioner properly applied his mind to the evidence and did not misconstrue or ignore relevant facts. The breach of the policy irreparably harmed the trust relationship, justifying the dismissal. The review application was brought on narrow grounds and failed to demonstrate that the award was one no reasonable...

Citation
[2013] ZALCJHB 220
Parties
Applicant: SAMWU; Applicant: MDLANKOMO, N; Respondent: Govan Mbeki Local Municipality; Respondent: SALGBC; Respondent: MASEKO, N N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 September 2013
Case Number
JR 2492/09
Procedural Posture
Review Application / Judgment on Opposed Review Application Under S 158(1)(g) LRA
Outcome
Application dismissed; arbitration award upheld.
Judges
Malan
Legal Topics
Unfair Dismissal, Conflict of Interest, Supply Chain Management Policy, Review of Arbitration Award, Dishonesty, Breach of Trust
Labour Law Civil Procedure Unfair Dismissal Conflict of Interest Supply Chain Management Policy Review of Arbitration Award Dishonesty Breach of Trust

Case Brief

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Parties

SAMWU

Applicant

MDLANKOMO, N

Applicant

Govan Mbeki Local Municipality

Respondent

SALGBC

Respondent

MASEKO, N N.O.

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application Under S 158(1)(g) LRA

Legal Issues

  1. 1 Whether the arbitration award upholding Ms Mdlankomo's dismissal was one that a reasonable decision-maker could reach.
  2. 2 Whether Ms Mdlankomo's conduct constituted a breach of the municipality's supply chain management policy and a conflict of interest.
  3. 3 Whether the trust relationship between Ms Mdlankomo and the municipality was irreparably harmed.

Ratio Decidendi

The court found that Ms Mdlankomo, although not involved in the awarding of tenders, was responsible for monitoring service providers, including Live Selinge Civil Construction. Her arrangement with Mrs Lukhele, a director of a service provider, constituted a prohibited favour under the supply chain management policy and created a conflict of interest. The court held that the Commissioner properly applied his mind to the evidence and did not misconstrue or ignore relevant facts. The breach of the policy irreparably harmed the trust relationship, justifying the dismissal. The review application was brought on narrow grounds and failed to demonstrate that the award was one no reasonable...

Court Disposition

Application dismissed; arbitration award upheld.

Orders

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