Twala v Dis-Chem Pharmacies and Others (JR864/20) [2022] ZALCJHB 208 (3 August 2022)

Twala v Dis-Chem Pharmacies and Others (JR864/20) [2022] ZALCJHB 208 (3 August 2022)

The arbitrator's finding that the applicant was guilty of unacceptable behaviour for making false allegations was unreasonable, as there was no evidence that the applicant was the source of the rumour. The arbitrator failed to properly analyse the conflicting versions and placed undue emphasis on the applicant's failure to put his version to the witness, without considering the substance of the evidence. The dismissal was therefore substantively unfair, although procedurally fair. The applicant is entitled to compensation rather than reinstatement, as he does not seek re-employment and the disciplinary proceedings were unwarranted.

Citation
[2022] ZALCJHB 208
Parties
Applicant: Nesta Wayne Twala; Respondent: Dis-Chem Pharmacies; Respondent: Commissioner Faizel Mooi N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 August 2022
Case Number
JR864/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; dismissal found to be procedurally fair but substantively unfair; compensation awarded.
Judges
M Makhura
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Compensation, Arbitration Review
Labour Law Unfair Dismissal Procedural Fairness Substantive Fairness Compensation Arbitration Review

Case Brief

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Parties

Nesta Wayne Twala

Applicant

Dis-Chem Pharmacies

Respondent

Commissioner Faizel Mooi 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 arbitration award finding the applicant's dismissal procedurally and substantively fair was reasonable.
  2. 2 Whether the applicant's dismissal was substantively unfair.
  3. 3 Whether the applicant was denied a fair hearing or prejudiced by procedural irregularities.

Ratio Decidendi

The arbitrator's finding that the applicant was guilty of unacceptable behaviour for making false allegations was unreasonable, as there was no evidence that the applicant was the source of the rumour. The arbitrator failed to properly analyse the conflicting versions and placed undue emphasis on the applicant's failure to put his version to the witness, without considering the substance of the evidence. The dismissal was therefore substantively unfair, although procedurally fair. The applicant is entitled to compensation rather than reinstatement, as he does not seek re-employment and the disciplinary proceedings were unwarranted.

Court Disposition

Arbitration award reviewed and set aside; dismissal found to be procedurally fair but substantively unfair; compensation awarded.

Orders

  • The arbitration award dated 3 June 2020 issued under case number GAJB5454-20 is reviewed and set aside.
  • The dismissal of the applicant by the first respondent is procedurally fair but substantively unfair.