Super Group Gateway Services v Chakale and Others (JR 219/21) [2022] ZALCJHB 371 (1 September 2022)

Super Group Gateway Services v Chakale and Others (JR 219/21) [2022] ZALCJHB 371 (1 September 2022)

The court found that the arbitrator committed a gross irregularity by failing to reasonably and rationally assess the evidence and apply the correct legal principles. The first respondent was subject to clear, written instructions requiring written approval from senior management for any upliftment, which she knowingly disregarded. Her conduct constituted insubordination and a serious breach of trust, justifying dismissal. The arbitrator's reliance on Rawat's instruction and Jansen's lack of intervention was misplaced and irrelevant to the core issue. The absence of remorse and persistent denial of wrongdoing by the first respondent further rendered the employment relationship...

Citation
[2022] ZALCJHB 371
Parties
Applicant: Super Group Gateway Services (A Division of Super Group Africa (Pty) Ltd); Respondent: Mmaleweng Elleanor Chakale; Respondent: Isaac Sakkie Kekana N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 September 2022
Case Number
JR 219/21
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
The review application is granted. The arbitration award is reviewed and set aside. The dismissal of the first respondent is found to be substantively fair.
Judges
S Snyman
Legal Topics
Unfair Dismissal, Insubordination, Review of Arbitration Award, Section 145 Lra, Remorse and Trust Relationship
Labour Law Civil Procedure Unfair Dismissal Insubordination Review of Arbitration Award Section 145 Lra Remorse and Trust Relationship

Case Brief

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Parties

Super Group Gateway Services (A Division of Super Group Africa (Pty) Ltd)

Applicant

Mmaleweng Elleanor Chakale

Respondent

Isaac Sakkie Kekana N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award finding the dismissal substantively unfair was reviewable under section 145 of the LRA.
  2. 2 Whether the employee's conduct constituted insubordination and justified dismissal.
  3. 3 Whether the arbitrator failed to reasonably assess the evidence and apply the correct legal principles.

Ratio Decidendi

The court found that the arbitrator committed a gross irregularity by failing to reasonably and rationally assess the evidence and apply the correct legal principles. The first respondent was subject to clear, written instructions requiring written approval from senior management for any upliftment, which she knowingly disregarded. Her conduct constituted insubordination and a serious breach of trust, justifying dismissal. The arbitrator's reliance on Rawat's instruction and Jansen's lack of intervention was misplaced and irrelevant to the core issue. The absence of remorse and persistent denial of wrongdoing by the first respondent further rendered the employment relationship...

Court Disposition

The review application is granted. The arbitration award is reviewed and set aside. The dismissal of the first respondent is found to be substantively fair.

Orders

  • The applicant's review application is granted.
  • The arbitration award issued by the second respondent is reviewed and set aside.