Supreme Poultry (Pty) Ltd v Mokgethi and Others (JR1345/14) [2018] ZALCJHB 325 (13 September 2018)

Supreme Poultry (Pty) Ltd v Mokgethi and Others (JR1345/14) [2018] ZALCJHB 325 (13 September 2018)

The Labour Court found that the Commissioner erred in treating insubordination and insolence as strictly distinct offences and in requiring proof of a specific instruction for insubordination. The evidence established that Mokgethi used foul and disrespectful language towards a superior, which constituted a...

Source-derived case information.

Citation
[2018] ZALCJHB 325
Parties
Applicant: Supreme Poultry (Pty) Ltd; Respondent: Lebogang Petrus Mokgethi; Respondent: Commissioner Mabel Sikiti; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 September 2018
Case Number
JR1345/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and substituted. The dismissal of Mr Mokgethi was substantively and procedurally unfair. He is reinstated without entitlement to back-pay. No order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Insubordination, Procedural Fairness, Arbitration Review, Gross Insolence
Labour Law Unfair Dismissal Insubordination Procedural Fairness Arbitration Review Gross Insolence

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Parties

Supreme Poultry (Pty) Ltd

Applicant

Lebogang Petrus Mokgethi

Respondent

Commissioner Mabel Sikiti

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of Mr Mokgethi for gross insubordination was substantively and procedurally fair.
  2. 2 Whether the Commissioner committed a reviewable irregularity in her award.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The Labour Court found that the Commissioner erred in treating insubordination and insolence as strictly distinct offences and in requiring proof of a specific instruction for insubordination. The evidence established that Mokgethi used foul and disrespectful language towards a superior, which constituted a deliberate and serious challenge to authority. However, considering the context, including Mokgethi's long service, previous warnings, and the circumstances of the warnings issued, the conduct did not warrant dismissal but did justify a severe sanction. The Commissioner’s decision to order full retrospective reinstatement with back-pay was unreasonable. The dismissal was substantively...

Court Disposition

The arbitration award is reviewed and substituted. The dismissal of Mr Mokgethi was substantively and procedurally unfair. He is reinstated without entitlement to back-pay. No order as to costs.

Orders

  • The arbitration award dated 20 June 2014 is reviewed and substituted.
  • The dismissal of Mr Lebogang Petrus Mokgethi was substantively and procedurally unfair.