Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2009] ZALCD 32 (19 March 2009)

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2009] ZALCD 32 (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 and justified. The evidence did not conclusively prove that the employees committed any assault or misconduct warranting dismissal. The court further held that reinstatement was not shown to be inappropriate, as the applicant's operational concerns did not outweigh the default remedy provided by section 193 of the LRA. Accordingly, the application for review was dismissed.

Citation
[2009] ZALCD 32
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 officii; Respondent: Trafalgar Property Management t/a Trafalgar Pots and Gardens
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 March 2009
Case Number
D774/05
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; no costs order made.
Judges
Cele
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reinstatement, Section 145 Lra, Section 193 Lra
Labour Law Unfair Dismissal Review of Arbitration Award Reinstatement Section 145 Lra Section 193 Lra

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 officii

Respondent

Trafalgar Property Management 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 justified on the evidence presented.
  2. 2 Whether the dismissal of the employees was unfair.
  3. 3 Whether reinstatement was an appropriate remedy under 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 and justified. The evidence did not conclusively prove that the employees committed any assault or misconduct warranting dismissal. The court further held that reinstatement was not shown to be inappropriate, as the applicant's operational concerns did not outweigh the default remedy provided by section 193 of the LRA. Accordingly, the application for review was dismissed.

Court Disposition

Application for review dismissed; no costs order made.

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.