Tzaneng Treated Timbers (PTY) Ltd v Bargaining Council for Wood & Paper Sector (JA77/19) [2022] ZALAC 93; (2022) 43 ILJ 1348 (LAC) (17 February 2022)

Tzaneng Treated Timbers (PTY) Ltd v Bargaining Council for Wood & Paper Sector (JA77/19) [2022] ZALAC 93; (2022) 43 ILJ 1348 (LAC) (17 February 2022)

The court held that the appellant failed to prove that the employees committed fraud or engaged in dishonest conduct. The evidence showed that the employees clocked in on the day of the strike but were prevented by the employer from clocking out. There was no intent to mislead the employer or claim payment while on strike. The arbitrator reasonably found that, if any misconduct occurred, it was a lesser infraction not warranting dismissal. The denial of retrospective reinstatement and back pay was a fair sanction for the conduct. The Labour Court correctly dismissed the review application, as the award fell within the range of reasonable outcomes.

Citation
[2022] ZALAC 93
Parties
Appellant: Tzaneng Treated Timbers (PTY) Ltd; Respondent: National Bargaining Council for the Wood & Paper Sector; Respondent: M N Masetla N.O.; Respondent: Chemical, Energy, Paper, Printing, Wood & Allied Workers Union obo S Malatji & 29 Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
17 February 2022
Case Number
JA77/19
Procedural Posture
Civil Appeal / Appeal Against Labour Court Dismissal of Review Application
Outcome
Appeal dismissed; no costs order.
Judges
Coppin, Tokota, Phatudi
Legal Topics
Unfair Dismissal, Disciplinary Code, Fraudulent Timekeeping, Protected Strike, Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Fraudulent Timekeeping Protected Strike Arbitration Award

Case Brief

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Parties

Tzaneng Treated Timbers (PTY) Ltd

Appellant

National Bargaining Council for the Wood & Paper Sector

Respondent

M N Masetla N.O.

Respondent

Chemical, Energy, Paper, Printing, Wood & Allied Workers Union obo S Malatji & 29 Others

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Dismissal of Review Application

Legal Issues

  1. 1 Whether the Labour Court erred in dismissing the review application against the arbitration award.
  2. 2 Whether the arbitrator's award fell within the range of reasonable decisions.
  3. 3 Whether the dismissal of employees for alleged fraudulent clocking was substantively fair.

Ratio Decidendi

The court held that the appellant failed to prove that the employees committed fraud or engaged in dishonest conduct. The evidence showed that the employees clocked in on the day of the strike but were prevented by the employer from clocking out. There was no intent to mislead the employer or claim payment while on strike. The arbitrator reasonably found that, if any misconduct occurred, it was a lesser infraction not warranting dismissal. The denial of retrospective reinstatement and back pay was a fair sanction for the conduct. The Labour Court correctly dismissed the review application, as the award fell within the range of reasonable outcomes.

Court Disposition

Appeal dismissed; no costs order.

Orders

  • The appeal is dismissed.
  • There is no costs order.