Ster Kinekor Films (Pty) Ltd v Maseko and Others (JR 1068/02) [2008] ZALC 4 (24 January 2008)

Ster Kinekor Films (Pty) Ltd v Maseko and Others (JR 1068/02) [2008] ZALC 4 (24 January 2008)

The court found that the Commissioner committed a gross irregularity and misconduct in evaluating the evidence, giving undue weight to the employee's version despite her inability to recall events and inconsistent explanations regarding the missing money. The Commissioner failed to properly consider the evidence of...

Source-derived case information.

Citation
[2008] ZALC 4
Parties
Applicant: Ster Kinekor Films (Pty) Ltd; Respondent: Maseko N.O.; Respondent: The Bargaining Council for the Entertainment Industry; Respondent: Badi Betty
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 January 2008
Case Number
JR 1068/02
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The dismissal of the employee is upheld as both procedurally and substantively fair.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Dishonesty, Review of Arbitration Award
Labour Law Unfair Dismissal Disciplinary Procedure Dishonesty Review of Arbitration Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ster Kinekor Films (Pty) Ltd

Applicant

Maseko N.O.

Respondent

The Bargaining Council for the Entertainment Industry

Respondent

Badi Betty

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner committed a gross irregularity in finding the dismissal of the employee substantively and procedurally unfair.
  2. 2 Whether the employee provided a plausible and reasonable explanation for failing to comply with the tilling procedure.
  3. 3 Whether the dismissal was the appropriate sanction for the misconduct committed.

Ratio Decidendi

The court found that the Commissioner committed a gross irregularity and misconduct in evaluating the evidence, giving undue weight to the employee's version despite her inability to recall events and inconsistent explanations regarding the missing money. The Commissioner failed to properly consider the evidence of dishonesty and the breakdown of trust in the employment relationship. The court held that the dismissal was both substantively and procedurally fair, as the employee failed to provide a plausible explanation for her conduct and the disciplinary process was not rendered unfair by the presence of two employer representatives. The arbitration award was reviewed and set aside, and...

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of the employee is upheld as both procedurally and substantively fair.

Orders

  • The arbitration award issued by the Commissioner is reviewed and set aside.
  • The dismissal of Ms Badi is declared both procedurally and substantively fair.