Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2009] ZALC 239 (19 March 2009)

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2009] ZALC 239 (19 March 2009)

The court found that the applicant failed to establish any reviewable irregularity or unreasonableness in the arbitration award. The fifth respondent's assessment of the evidence, including the credibility of witnesses and the circumstances of the alleged misconduct, was reasonable. The evidence did not conclusively prove that the employees committed any assault or misconduct warranting dismissal. The court held that the decision to order reinstatement was within the discretion of the arbitrator and was not shown to be inappropriate. Accordingly, the review application was dismissed.

Citation
[2009] ZALC 239
Parties
Applicant: Top Turf Group (Pty) Limited; Respondent: Loveday Shezi; Respondent: Dumisani Gift Nhlangulela; Respondent: Patrick Sandile Mzindile; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Sullivan, Phillip Lester nomine officcii; Respondent: Trafalgar Property Management (Proprietary) t/a Trafalgar Pots and Gardens
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 March 2009
Case Number
D774/05
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed; arbitration award upheld.
Judges
Cele
Legal Topics
Unfair Dismissal, Arbitration Review, Reinstatement, Section 145 Review, Section 193 Remedy
Labour Law Unfair Dismissal Arbitration Review Reinstatement Section 145 Review Section 193 Remedy

Case Brief

Summary, issues, holding and outcome

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Parties

Top Turf Group (Pty) Limited

Applicant

Loveday Shezi

Respondent

Dumisani Gift Nhlangulela

Respondent

Patrick Sandile Mzindile

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Sullivan, Phillip Lester nomine officcii

Respondent

Trafalgar Property Management (Proprietary) t/a Trafalgar Pots and Gardens

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the fifth respondent was reasonable and susceptible to review under section 145 of the Labour Relations Act.
  2. 2 Whether the evidence justified the finding of unfair dismissal and the order of reinstatement.
  3. 3 Whether reinstatement was an appropriate remedy in the circumstances.

Ratio Decidendi

The court found that the applicant failed to establish any reviewable irregularity or unreasonableness in the arbitration award. The fifth respondent's assessment of the evidence, including the credibility of witnesses and the circumstances of the alleged misconduct, was reasonable. The evidence did not conclusively prove that the employees committed any assault or misconduct warranting dismissal. The court held that the decision to order reinstatement was within the discretion of the arbitrator and was not shown to be inappropriate. Accordingly, the review application was dismissed.

Court Disposition

Review application dismissed; arbitration award upheld.

Orders

  • The application for the review of the arbitration award dated 1 November 2005 issued by the fifth respondent is dismissed.
  • No costs order is made.