Steenwerke v Bobbejaan NO and Others (JR923/2013) [2016] ZALCJHB 60 (22 February 2016)

Steenwerke v Bobbejaan NO and Others (JR923/2013) [2016] ZALCJHB 60 (22 February 2016)

The Labour Court found that the arbitrator failed to consider material and undisputed evidence regarding the employee's incapacity and the impossibility of accommodating him in a dust-free environment. The arbitrator misconstrued the medical evidence, ignored relevant testimony from both the occupational health practitioner and the employer, and failed to properly assess whether the employee could be reasonably accommodated or whether alternative positions were available. The arbitrator's decision to order reinstatement was unreasonable given the employee's permanent incapacity and the nature of the workplace. The award was therefore set aside and substituted with a finding that the...

Citation
[2016] ZALCJHB 60
Parties
Applicant: Danielskuil Steenwerke; Respondent: David Bobbejaan N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Vincent Mosalaesi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 February 2016
Case Number
JR923/2013
Procedural Posture
Review Application / Judgment on Review of Arbitration Award and Related Application
Outcome
The arbitration award is reviewed and set aside; substituted with an order that the dismissal was fair; the application to make the award an order of court is dismissed; no order as to costs.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Incapacity Due to Ill Health, Arbitration Review, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Incapacity Due to Ill Health Arbitration Review Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Danielskuil Steenwerke

Applicant

David Bobbejaan N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Vincent Mosalaesi

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award and Related Application

Legal Issues

  1. 1 Whether the arbitrator ignored relevant and material evidence in finding the dismissal unfair.
  2. 2 Whether the arbitrator misconstrued the evidence regarding the medical report and the employee's incapacity.
  3. 3 Whether the arbitrator's decision to order reinstatement was reasonable given the employee's medical condition.

Ratio Decidendi

The Labour Court found that the arbitrator failed to consider material and undisputed evidence regarding the employee's incapacity and the impossibility of accommodating him in a dust-free environment. The arbitrator misconstrued the medical evidence, ignored relevant testimony from both the occupational health practitioner and the employer, and failed to properly assess whether the employee could be reasonably accommodated or whether alternative positions were available. The arbitrator's decision to order reinstatement was unreasonable given the employee's permanent incapacity and the nature of the workplace. The award was therefore set aside and substituted with a finding that the...

Court Disposition

The arbitration award is reviewed and set aside; substituted with an order that the dismissal was fair; the application to make the award an order of court is dismissed; no order as to costs.

Orders

  • The arbitration award issued on 25 March 2013 under case number NC3007-12 is reviewed and set aside.
  • The arbitration award is substituted with an order that the Third Respondent’s dismissal was fair.