Stander v Education Labour Relations Council and Others (JR2885/08) [2010] ZALC 164; [2011] 4 BLLR 411 (LC) ; (2011) 32 ILJ 978 (LC) (5 November 2010)

Stander v Education Labour Relations Council and Others (JR2885/08) [2010] ZALC 164; [2011] 4 BLLR 411 (LC) ; (2011) 32 ILJ 978 (LC) (5 November 2010)

The commissioner failed to conduct a proper enquiry into the fairness of the applicant's dismissal by limiting his analysis to the employer's bona fide belief and disregarding uncontested medical evidence relevant to the applicant's mental state. The commissioner did not adequately consider whether the dismissal was fair in all the circumstances, as required by section 188 of the Labour Relations Act and the Code of Good Practice. The evidence showed that the applicant's conduct was provoked, that he accepted responsibility, sought medical treatment, and that there was no history of similar misconduct in over thirty years of service. The commissioner’s approach was misconceived and did...

Citation
[2010] ZALC 164
Parties
Applicant: J. H. Stander; Respondent: The Education Labour Relations Council; Respondent: R I MacGregor N.O.; Respondent: Department of Education: North West
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 November 2010
Case Number
JR2885/08
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted for fresh arbitration before a different commissioner.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Arbitration Review, Medical Evidence, Code of Good Practice
Labour Law Unfair Dismissal Disciplinary Procedure Arbitration Review Medical Evidence Code of Good Practice

Case Brief

Summary, issues, holding and outcome

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Parties

J. H. Stander

Applicant

The Education Labour Relations Council

Respondent

R I MacGregor N.O.

Respondent

Department of Education: North West

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner properly considered all relevant evidence in determining the fairness of the applicant's dismissal.
  2. 2 Whether the dismissal of the applicant was substantively and procedurally fair under the Labour Relations Act.
  3. 3 Whether the commissioner erred by disregarding uncontested medical evidence relevant to the applicant's mental state.

Ratio Decidendi

The commissioner failed to conduct a proper enquiry into the fairness of the applicant's dismissal by limiting his analysis to the employer's bona fide belief and disregarding uncontested medical evidence relevant to the applicant's mental state. The commissioner did not adequately consider whether the dismissal was fair in all the circumstances, as required by section 188 of the Labour Relations Act and the Code of Good Practice. The evidence showed that the applicant's conduct was provoked, that he accepted responsibility, sought medical treatment, and that there was no history of similar misconduct in over thirty years of service. The commissioner’s approach was misconceived and did...

Court Disposition

Arbitration award reviewed and set aside; matter remitted for fresh arbitration before a different commissioner.

Orders

  • The arbitration award issued by the second respondent is reviewed and set aside.
  • The matter is remitted to the first respondent for arbitration de novo before a commissioner other than the second respondent.