South African Post Office v Jansen and Others (JR832/07) [2008] ZALCJHB 38 (22 March 2008)

South African Post Office v Jansen and Others (JR832/07) [2008] ZALCJHB 38 (22 March 2008)

The court found that while the Commissioner correctly identified the suspension and written warning as unfair labour practices, he failed to properly consider the extent of the employee’s actual loss and the circumstances of the case. The suspension was with pay, and the warning had expired by the time of arbitration, resulting in no financial loss to the employee. The Commissioner’s award of six months’ salary was excessive and not just and equitable. The court held that compensation should be limited to one month’s salary to reflect the infringement of the employee’s right to fair labour practices, while also sending a message to employers about the need for substantive reasons and fair...

Citation
[2008] ZALCJHB 38
Parties
Applicant: South African Post Office Limited; Respondent: G S Jansen; Respondent: Van Vuuren N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pieter Stephanus Burger
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2008
Case Number
JR832/07
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The award of the Commissioner is reviewed and corrected. The employee is to be compensated with one month’s salary. No order as to costs.
Judges
Molahlehi
Legal Topics
Unfair Labour Practice, Compensation for Suspension, Disciplinary Procedure, Condonation, Written Warning
Labour Law Unfair Labour Practice Compensation for Suspension Disciplinary Procedure Condonation Written Warning

Case Brief

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Parties

South African Post Office Limited

Applicant

G S Jansen

Respondent

Van Vuuren N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Pieter Stephanus Burger

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the suspension and written warning issued to the employee constituted an unfair labour practice.
  2. 2 Whether the compensation awarded by the Commissioner was just and equitable under the circumstances.
  3. 3 Whether the Commissioner erred in awarding compensation without evidence of actual financial loss.

Ratio Decidendi

The court found that while the Commissioner correctly identified the suspension and written warning as unfair labour practices, he failed to properly consider the extent of the employee’s actual loss and the circumstances of the case. The suspension was with pay, and the warning had expired by the time of arbitration, resulting in no financial loss to the employee. The Commissioner’s award of six months’ salary was excessive and not just and equitable. The court held that compensation should be limited to one month’s salary to reflect the infringement of the employee’s right to fair labour practices, while also sending a message to employers about the need for substantive reasons and fair...

Court Disposition

The award of the Commissioner is reviewed and corrected. The employee is to be compensated with one month’s salary. No order as to costs.

Orders

  • The award of the first respondent dated 31 January 2007 is reviewed and corrected: The respondent should compensate the applicant in the amount of R21 137.88, being an equivalent of one month salary.
  • There is no order as to costs.