Travalgar Property Management v Bakshi and Others (JR180/2017) [2019] ZALCJHB 3 (11 January 2019)

Travalgar Property Management v Bakshi and Others (JR180/2017) [2019] ZALCJHB 3 (11 January 2019)

The court found that the arbitrator correctly identified the central issue as whether the instruction not to grant leave was reasonable and whether the employee's non-compliance amounted to insubordination justifying dismissal. The arbitrator considered both the operational disruption caused by the employee's absence and the employee's compelling personal circumstances. The instruction was found to be unreasonable and callous in light of the employee's recent bereavement and his father's urgent medical needs. The arbitrator's conclusion that dismissal was not an appropriate sanction, and that a written or final warning would have sufficed, was reasonable and fell within the range of...

Citation
[2019] ZALCJHB 3
Parties
Applicant: Travalgar Property Management; Respondent: Deepak Bakshi; Respondent: J D Sello N.O; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 January 2019
Case Number
JR180/2017
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with no order as to costs.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Insubordination, Compensation Award, Review of Arbitration, Reasonableness of Instruction
Labour Law Civil Procedure Unfair Dismissal Insubordination Compensation Award Review of Arbitration Reasonableness of Instruction

Case Brief

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Parties

Travalgar Property Management

Applicant

Deepak Bakshi

Respondent

J D Sello N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding that the dismissal was substantively unfair is reviewable.
  2. 2 Whether the instruction not to grant leave was reasonable and lawful.
  3. 3 Whether the employee's conduct amounted to insubordination warranting dismissal.

Ratio Decidendi

The court found that the arbitrator correctly identified the central issue as whether the instruction not to grant leave was reasonable and whether the employee's non-compliance amounted to insubordination justifying dismissal. The arbitrator considered both the operational disruption caused by the employee's absence and the employee's compelling personal circumstances. The instruction was found to be unreasonable and callous in light of the employee's recent bereavement and his father's urgent medical needs. The arbitrator's conclusion that dismissal was not an appropriate sanction, and that a written or final warning would have sufficed, was reasonable and fell within the range of...

Court Disposition

Application for review dismissed with no order as to costs.

Orders

  • The application for review is dismissed.
  • No order as to costs.