Strado Remanufacturing (Pty) Ltd v Diphoko N.O.and Others (JR713/22) [2023] ZALCJHB 136 (24 April 2023)

Strado Remanufacturing (Pty) Ltd v Diphoko N.O.and Others (JR713/22) [2023] ZALCJHB 136 (24 April 2023)

The court found that the arbitrator's decision was reasonable and fell within the bounds of what a reasonable decision-maker could reach. The evidence presented by the company was contradictory and unreliable, and the alleged instruction to report to Flippie's office was not established. The practice of changing into private clothes before 17h00 was corroborated by other employees and not disputed. There was no evidence of gross insubordination or disrespectful conduct by the employee. The arbitrator applied her mind to the issues and evidence, understood the nature of the enquiry, and issued a reasonable award. The company failed to make out a case for review. Regarding the backpay...

Citation
[2023] ZALCJHB 136
Parties
Applicant: Strado Remanufacturing (Pty) Ltd; Respondent: Same Diphoko N.O.; Respondent: The Dispute Resolution Center for the Motor Industries Bargaining Council; Respondent: NASECGWU obo SA Matlala
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 April 2023
Case Number
JR713/22
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed. The arbitration award stands.
Judges
M Makhura
Legal Topics
Unfair Dismissal, Gross Insubordination, Arbitration Review, Backpay Calculation
Labour Law Unfair Dismissal Gross Insubordination Arbitration Review Backpay Calculation

Case Brief

Summary, issues, holding and outcome

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Parties

Strado Remanufacturing (Pty) Ltd

Applicant

Same Diphoko N.O.

Respondent

The Dispute Resolution Center for the Motor Industries Bargaining Council

Respondent

NASECGWU obo SA Matlala

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in evaluating the evidence regarding the alleged insubordination.
  2. 2 Whether the dismissal of the employee was substantively and procedurally fair.
  3. 3 Whether the calculation of backpay in the arbitration award should be varied.

Ratio Decidendi

The court found that the arbitrator's decision was reasonable and fell within the bounds of what a reasonable decision-maker could reach. The evidence presented by the company was contradictory and unreliable, and the alleged instruction to report to Flippie's office was not established. The practice of changing into private clothes before 17h00 was corroborated by other employees and not disputed. There was no evidence of gross insubordination or disrespectful conduct by the employee. The arbitrator applied her mind to the issues and evidence, understood the nature of the enquiry, and issued a reasonable award. The company failed to make out a case for review. Regarding the backpay...

Court Disposition

Application dismissed. The arbitration award stands.

Orders

  • The application is dismissed.