Transnet Freight Rail v Transnet Bargaining Council and Others (C644/2009) [2011] ZALCCT 83 (4 March 2011)

Transnet Freight Rail v Transnet Bargaining Council and Others (C644/2009) [2011] ZALCCT 83 (4 March 2011)

The court held that the arbitrator committed a gross irregularity by failing to distinguish between misconduct and incapacity, as the employee was not an alcoholic. The arbitrator improperly required rehabilitation and failed to appreciate the seriousness of the safety rule breached, the aggravating effect of a valid written warning, and the employee's responsibility for her actions. The arbitrator's findings were inconsistent with established legal principles and amounted to a decision that a reasonable decision maker could not reach. The award was set aside and replaced with a finding that the dismissal was fair.

Citation
[2011] ZALCCT 83
Parties
Applicant: Transnet Freight Rail; Respondent: Transnet Bargaining Council; Respondent: M Dollie N.O.; Respondent: SATAWU; Respondent: L G Louw
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
4 March 2011
Case Number
C644/2009
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dismissal of the employee was fair.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Misconduct Vs Incapacity, Progressive Discipline, Substance Abuse Policy, Arbitration Review, Valid Written Warning
Labour Law Civil Procedure Unfair Dismissal Misconduct Vs Incapacity Progressive Discipline Substance Abuse Policy Arbitration Review Valid Written Warning

Case Brief

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Parties

Transnet Freight Rail

Applicant

Transnet Bargaining Council

Respondent

M Dollie N.O.

Respondent

SATAWU

Respondent

L G Louw

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether alcohol abuse by a non-alcoholic employee should be treated as misconduct or incapacity.
  2. 2 Whether the arbitrator committed a gross irregularity by failing to distinguish between misconduct and incapacity.
  3. 3 Whether the arbitrator failed to properly consider the importance of the breached rule and the employee's disciplinary record.

Ratio Decidendi

The court held that the arbitrator committed a gross irregularity by failing to distinguish between misconduct and incapacity, as the employee was not an alcoholic. The arbitrator improperly required rehabilitation and failed to appreciate the seriousness of the safety rule breached, the aggravating effect of a valid written warning, and the employee's responsibility for her actions. The arbitrator's findings were inconsistent with established legal principles and amounted to a decision that a reasonable decision maker could not reach. The award was set aside and replaced with a finding that the dismissal was fair.

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of the employee was fair.

Orders

  • The arbitration award made by Second Respondent under the auspices of First Respondent dated 29 July 2009 is reviewed and set aside.
  • The award is replaced with the following: 'The dismissal of the employee (the fourth respondent) was fair.'