Ukpong v Schneider Electric (Pty) Ltd and Others (JR 2806/18) [2021] ZALCJHB 52 (29 March 2021)

Ukpong v Schneider Electric (Pty) Ltd and Others (JR 2806/18) [2021] ZALCJHB 52 (29 March 2021)

The Labour Court found that the arbitrator's award was reasonable and not reviewable under section 145 of the LRA. The arbitrator properly assessed the credibility of the parties and preferred the employer's version, finding that the applicant deliberately disobeyed a clear instruction to cancel his trip,...

Source-derived case information.

Citation
[2021] ZALCJHB 52
Parties
Applicant: Ukpong Edet Ukpong; Respondent: Schneider Electric (Pty) Ltd; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Itumeleng Williams
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2021
Case Number
JR 2806/18
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Mahosi
Legal Topics
Review of Arbitration Award, Insubordination, Gross Negligence, Procedural Fairness, Disciplinary Sanctions
Labour Law Civil Procedure Review of Arbitration Award Insubordination Gross Negligence Procedural Fairness Disciplinary Sanctions

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Summary, issues, holding and outcome

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Parties

Ukpong Edet Ukpong

Applicant

Schneider Electric (Pty) Ltd

Respondent

Metal and Engineering Industries Bargaining Council

Respondent

Itumeleng Williams

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award finding the applicant's dismissal procedurally and substantively fair is reviewable under section 145 of the LRA.
  2. 2 Whether the applicant's conduct constituted insubordination and gross negligence justifying dismissal.
  3. 3 Whether the disciplinary hearing was procedurally unfair due to alleged bias and denial of opportunity to present evidence.

Ratio Decidendi

The Labour Court found that the arbitrator's award was reasonable and not reviewable under section 145 of the LRA. The arbitrator properly assessed the credibility of the parties and preferred the employer's version, finding that the applicant deliberately disobeyed a clear instruction to cancel his trip, constituting insubordination and gross negligence. The alleged procedural unfairness and bias at the disciplinary hearing were not substantiated, and any error regarding the applicant's status as a law student was immaterial to the outcome. The sanction of dismissal was appropriate given the seriousness of the misconduct and the applicant's lack of contrition. The applicant failed to...

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award issued by the third respondent dated 19 November 2018 under case number MEGA 52438 is dismissed.
  • There is no order as to costs.