Toyota Boshuku (Pty) Ltd v NUMSA and Others (D293/09) [2011] ZALCD 32 (25 May 2011)

Toyota Boshuku (Pty) Ltd v NUMSA and Others (D293/09) [2011] ZALCD 32 (25 May 2011)

The court found that the arbitrator's approach was flawed, as she focused on credibility findings and disregarded material evidence pointing to serious misconduct by Ntonjana. The arbitrator failed to consider the overall probabilities and did not conduct a balanced evaluation of the evidence, resulting in an...

Source-derived case information.

Citation
[2011] ZALCD 32
Parties
Applicant: Toyota Boshoku (Pty) Ltd; Respondent: NUMSA; Respondent: Vuyo Ntonjana; Respondent: Sungaree Pather (N.O.); Respondent: Dispute Resolution Centre of the Motor Industry Bargaining Council
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
25 May 2011
Case Number
D293/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitrator's award set aside; substituted findings of misconduct; matter referred back for determination of substantive fairness and remedy.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Gross Insubordination, Disciplinary Procedure, Arbitration Review, Shop Steward Rights
Labour Law Civil Procedure Unfair Dismissal Gross Insubordination Disciplinary Procedure Arbitration Review Shop Steward Rights

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Summary, issues, holding and outcome

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Parties

Toyota Boshoku (Pty) Ltd

Applicant

NUMSA

Respondent

Vuyo Ntonjana

Respondent

Sungaree Pather (N.O.)

Respondent

Dispute Resolution Centre of the Motor Industry Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's findings regarding the charges against Ntonjana were reasonable and supported by the evidence.
  2. 2 Whether the arbitrator committed a reviewable irregularity by allowing further cross-examination after re-examination.
  3. 3 Whether the dismissal of Ntonjana was substantively fair in light of proven misconduct.

Ratio Decidendi

The court found that the arbitrator's approach was flawed, as she focused on credibility findings and disregarded material evidence pointing to serious misconduct by Ntonjana. The arbitrator failed to consider the overall probabilities and did not conduct a balanced evaluation of the evidence, resulting in an unreasonable award. The court held that Ntonjana was guilty of serious gross insubordination and leaving his workstation without permission, but not of intimidation or threatening behaviour. The matter was referred back to the Bargaining Council for a new arbitrator to determine the substantive fairness of the dismissal and any appropriate remedy, after considering the judgment and...

Court Disposition

Arbitrator's award set aside; substituted findings of misconduct; matter referred back for determination of substantive fairness and remedy.

Orders

  • The arbitrator’s award issued on 13 March 2009 under case number MIDB3526 is reviewed and set aside.
  • The arbitrator’s findings that the second respondent was not guilty of the charges for which he was dismissed are substituted with findings that the second respondent was guilty of serious gross insubordination towards Govender and of leaving his workstation without permission.