TFD Network Africa (Pty) Ltd v Singh NO and Others (C571/11) [2015] ZALCCT 40; (2015) 36 ILJ 2142 (LC) (6 May 2015)

TFD Network Africa (Pty) Ltd v Singh NO and Others (C571/11) [2015] ZALCCT 40; (2015) 36 ILJ 2142 (LC) (6 May 2015)

Section 17(2)(b) of the BCEA and the equivalent clause in the Main Agreement require that transportation be available between the workplace and the employee's place of residence for any work performed after 18:00, not only for employees who regularly perform night work. The available public transport at 19:00 did not drop the employee near his residence, exposing him to risk. The employee's refusal to work overtime beyond 18:00 was reasonable under the circumstances, and the arbitrator's finding that the dismissal was unfair was not so unreasonable as to be reviewable. The employer's obligation is to ensure suitable transport is available, not necessarily to provide it, but public...

Citation
[2015] ZALCCT 40
Parties
Applicant: TFD Network Africa (Pty) Ltd; Respondent: Singh N.O.; Respondent: National Bargaining Council for the Road Freight and Logistics Industry; Respondent: MTWU Obo I Maas
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
6 May 2015
Case Number
C571/11
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
Steenkamp
Legal Topics
Basic Conditions of Employment Act, Night Work, Unfair Dismissal, Interpretation of Collective Agreement
Labour Law Basic Conditions of Employment Act Night Work Unfair Dismissal Interpretation of Collective Agreement

Case Brief

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Parties

TFD Network Africa (Pty) Ltd

Applicant

Singh N.O.

Respondent

National Bargaining Council for the Road Freight and Logistics Industry

Respondent

MTWU Obo I Maas

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Does section 17(2)(b) of the Basic Conditions of Employment Act require an employer to ensure transportation is available to an employee's place of residence when overtime extends beyond 18:00?
  2. 2 Is dismissal for refusing to work overtime due to lack of suitable transport after 18:00 unfair?
  3. 3 Is the arbitrator's award that the dismissal was unfair reviewable?

Ratio Decidendi

Section 17(2)(b) of the BCEA and the equivalent clause in the Main Agreement require that transportation be available between the workplace and the employee's place of residence for any work performed after 18:00, not only for employees who regularly perform night work. The available public transport at 19:00 did not drop the employee near his residence, exposing him to risk. The employee's refusal to work overtime beyond 18:00 was reasonable under the circumstances, and the arbitrator's finding that the dismissal was unfair was not so unreasonable as to be reviewable. The employer's obligation is to ensure suitable transport is available, not necessarily to provide it, but public...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.