Triton Express (Pty) Limited v NTM and Others (JR1429/20) [2021] ZALCJHB 236 (16 August 2021)

Triton Express (Pty) Limited v NTM and Others (JR1429/20) [2021] ZALCJHB 236 (16 August 2021)

The court found that the commissioner’s conclusion that the employer failed to establish Mr Baloyi’s guilt was unreasonable. The evidence was uncontested: Mr Baloyi was present at work, smelled of alcohol, tested positive on a breathalyser, and admitted to being under the influence both at the time and at the disciplinary hearing. His explanation for pleading guilty did not provide a credible basis to disregard these admissions. The cumulative effect of the evidence established that Mr Baloyi was at work under the influence of alcohol. Therefore, the commissioner’s finding was not one a reasonable arbitrator could reach, and the award was set aside and substituted with a finding that the...

Citation
[2021] ZALCJHB 236
Parties
Applicant: Triton Express (Pty) Limited; Respondent: NTM; Respondent: Cliff Baloyi; Respondent: Commissioner Nomusa Mbhele; Respondent: National Bargaining Council for the Road Freight and Logistics Industry
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2021
Case Number
JR1429/20
Procedural Posture
Review Application / Judgment
Outcome
Review application upheld; arbitration award set aside and substituted with a finding of fair dismissal.
Judges
Redding
Legal Topics
Unfair Dismissal, Substantive Fairness, Procedural Fairness, Misconduct, Review of Arbitration Award
Labour Law Unfair Dismissal Substantive Fairness Procedural Fairness Misconduct Review of Arbitration Award

Case Brief

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Parties

Triton Express (Pty) Limited

Applicant

NTM

Respondent

Cliff Baloyi

Respondent

Commissioner Nomusa Mbhele

Respondent

National Bargaining Council for the Road Freight and Logistics Industry

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s award finding the dismissal substantively unfair was reasonable.
  2. 2 Whether the employer established that Mr Baloyi was guilty of misconduct for being under the influence of alcohol at work.
  3. 3 Whether the dismissal of Mr Baloyi was substantively and procedurally fair.

Ratio Decidendi

The court found that the commissioner’s conclusion that the employer failed to establish Mr Baloyi’s guilt was unreasonable. The evidence was uncontested: Mr Baloyi was present at work, smelled of alcohol, tested positive on a breathalyser, and admitted to being under the influence both at the time and at the disciplinary hearing. His explanation for pleading guilty did not provide a credible basis to disregard these admissions. The cumulative effect of the evidence established that Mr Baloyi was at work under the influence of alcohol. Therefore, the commissioner’s finding was not one a reasonable arbitrator could reach, and the award was set aside and substituted with a finding that the...

Court Disposition

Review application upheld; arbitration award set aside and substituted with a finding of fair dismissal.

Orders

  • The award issued by the third respondent under case number GPRFBC54493 handed down on 19 June 2019 is reviewed and set aside.
  • The decision of the third respondent is substituted with: 'The dismissal of the applicant (Mr Baloyi) is substantively and procedurally fair and his application is dismissed.'