Ullmann Bros (Proprietary Limited) v Mphaphuli NO and Others (JR1396/11) [2016] ZALCJHB 118 (24 March 2016)

Ullmann Bros (Proprietary Limited) v Mphaphuli NO and Others (JR1396/11) [2016] ZALCJHB 118 (24 March 2016)

The Labour Court found that the arbitrator failed to properly assess the credibility, reliability, and probabilities of the evidence regarding the alleged misconduct by Ntloko and Hlatshwayo. The arbitrator's preference for the respondents' version was unreasonable given the totality of the evidence, particularly the credible and probable account provided by Mahlangu. The applicant proved on a balance of probabilities that Ntloko and Hlatshwayo intimidated Mahlangu and his truck assistants, justifying their dismissal. However, the applicant failed to present any evidence implicating Malatjie in misconduct, rendering his dismissal substantively and procedurally unfair. The arbitration...

Citation
[2016] ZALCJHB 118
Parties
Applicant: Ullmann Bros (Proprietary Limited); Respondent: Commissioner Joseph Mphaphuli N.O; Respondent: National Bargaining Council for the Road Freight Industry; Respondent: SATAWU obo Ronnie Ntloko, Amos Hlatshwayo, Andrew Malatjie
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 March 2016
Case Number
JR1396/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dismissal of Andrew Malatjie was substantively and procedurally unfair; he is to be reinstated and compensated. The dismissal of Ronnie Ntloko and Amos Hlatshwayo was substantively and procedurally fair.
Judges
Lallie
Legal Topics
Unfair Dismissal, Arbitration Review, Substantive Fairness, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Substantive Fairness Procedural Fairness

Case Brief

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Parties

Ullmann Bros (Proprietary Limited)

Applicant

Commissioner Joseph Mphaphuli N.O

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

SATAWU obo Ronnie Ntloko, Amos Hlatshwayo, Andrew Malatjie

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of the third respondents substantively unfair was reasonable.
  2. 2 Whether the arbitrator failed to consider all relevant evidence and properly resolve factual disputes.
  3. 3 Whether the dismissal of Andrew Malatjie, Ronnie Ntloko, and Amos Hlatshwayo was substantively and procedurally fair.

Ratio Decidendi

The Labour Court found that the arbitrator failed to properly assess the credibility, reliability, and probabilities of the evidence regarding the alleged misconduct by Ntloko and Hlatshwayo. The arbitrator's preference for the respondents' version was unreasonable given the totality of the evidence, particularly the credible and probable account provided by Mahlangu. The applicant proved on a balance of probabilities that Ntloko and Hlatshwayo intimidated Mahlangu and his truck assistants, justifying their dismissal. However, the applicant failed to present any evidence implicating Malatjie in misconduct, rendering his dismissal substantively and procedurally unfair. The arbitration...

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of Andrew Malatjie was substantively and procedurally unfair; he is to be reinstated and compensated. The dismissal of Ronnie Ntloko and Amos Hlatshwayo was substantively and procedurally fair.

Orders

  • The arbitration award issued by the first respondent on 7 May 2011 is reviewed and set aside.
  • The dismissal of Andrew Malatjie was substantively and procedurally unfair.