Terence v Commission For Conciliation Mediation And Arbitration and Others (JR1225/09) [2014] ZALCJHB 150 (30 April 2014)

Terence v Commission For Conciliation Mediation And Arbitration and Others (JR1225/09) [2014] ZALCJHB 150 (30 April 2014)

The court found that the Commissioner’s decision was reasonable and supported by the evidence. The applicant’s own testimony confirmed his responsibility for the store’s security, and the facts indicated he failed to respond appropriately to the alarm activation, resulting in a substantial loss. The Commissioner was justified in finding the dismissal both procedurally and substantively fair, and the breakdown of the trust relationship warranted the sanction of dismissal. The applicant’s arguments regarding the lack of job description, employment contract, and interpreter were either unsupported or not pursued. The review application was dismissed as the award was not one that a reasonable...

Citation
[2014] ZALCJHB 150
Parties
Applicant: Gina Bhekisisa Terence; Respondent: Commission For Conciliation Mediation And Arbitration; Respondent: Commissioner Musa Balayi; Respondent: Emmanuels Staffing Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 April 2014
Case Number
JR1225/09
Procedural Posture
Review Application / Judgment
Outcome
Application to review the arbitration award is dismissed.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reasonableness Test, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Reasonableness Test Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Gina Bhekisisa Terence

Applicant

Commission For Conciliation Mediation And Arbitration

Respondent

Commissioner Musa Balayi

Respondent

Emmanuels Staffing Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award finding the applicant's dismissal procedurally and substantively fair was reasonable.
  2. 2 Whether the applicant was responsible for the store's security and thus liable for the loss.
  3. 3 Whether the Commissioner failed to consider relevant evidence and arguments regarding the applicant's job description and employment contract.

Ratio Decidendi

The court found that the Commissioner’s decision was reasonable and supported by the evidence. The applicant’s own testimony confirmed his responsibility for the store’s security, and the facts indicated he failed to respond appropriately to the alarm activation, resulting in a substantial loss. The Commissioner was justified in finding the dismissal both procedurally and substantively fair, and the breakdown of the trust relationship warranted the sanction of dismissal. The applicant’s arguments regarding the lack of job description, employment contract, and interpreter were either unsupported or not pursued. The review application was dismissed as the award was not one that a reasonable...

Court Disposition

Application to review the arbitration award is dismissed.

Orders

  • The applicant’s application to review the arbitration award made under case number GAJB 966/09 dated 28 April 2009 is dismissed.
  • No order as to costs.