South African Post Office Ltd v Commission for Conciliation Mediation And Arbitration and Others (D257/06) [2008] ZALCD 13 (19 November 2008)

South African Post Office Ltd v Commission for Conciliation Mediation And Arbitration and Others (D257/06) [2008] ZALCD 13 (19 November 2008)

The Labour Court found that the commissioner’s preference for the employee’s conspiracy defence was unreasonable and unsupported by the evidence. The documentary and witness evidence corroborated the complainants’ version that they were unlawfully dismissed and subjected to sexual harassment. The employee’s explanations were inconsistent, fabricated, and raised for the first time at arbitration, undermining their credibility. The commissioner failed to properly assess the credibility of the complainants and ignored the context and trauma experienced by victims of sexual harassment. The court held that the only reasonable finding was that the complainants were honest and the employee was...

Citation
[2008] ZALCD 13
Parties
Applicant: South African Post Office Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner P Govindsamy; Respondent: M I Shaikh
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 November 2008
Case Number
D257/06
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
The review application is granted with costs. The arbitration award is set aside.
Judges
Pillay D
Legal Topics
Review of Arbitration Award, Sexual Harassment, Condonation, Unfair Dismissal
Labour Law Civil Procedure Review of Arbitration Award Sexual Harassment Condonation Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

South African Post Office Limited

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner P Govindsamy

Respondent

M I Shaikh

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner’s award was one that a reasonable commissioner could reach.
  2. 2 Whether the evidence supported the finding that the employee was dismissed for sexual harassment.
  3. 3 Whether the conspiracy defence raised by the employee was credible.

Ratio Decidendi

The Labour Court found that the commissioner’s preference for the employee’s conspiracy defence was unreasonable and unsupported by the evidence. The documentary and witness evidence corroborated the complainants’ version that they were unlawfully dismissed and subjected to sexual harassment. The employee’s explanations were inconsistent, fabricated, and raised for the first time at arbitration, undermining their credibility. The commissioner failed to properly assess the credibility of the complainants and ignored the context and trauma experienced by victims of sexual harassment. The court held that the only reasonable finding was that the complainants were honest and the employee was...

Court Disposition

The review application is granted with costs. The arbitration award is set aside.

Orders

  • The applications for condonation are granted with no order as to costs.
  • The application for review is granted with costs.