Unitrans Passenger (Pty) Ltd t/a Greyhound Coachlines v Smit and Others (JR2122/19) [2021] ZALCJHB 211 (26 July 2021)

Unitrans Passenger (Pty) Ltd t/a Greyhound Coachlines v Smit and Others (JR2122/19) [2021] ZALCJHB 211 (26 July 2021)

The court found that condonation for the late filing of the arbitration record and supplementary affidavit was warranted, and the review application should be revived. Upon reviewing the arbitration award, the court determined that the award was not evenly balanced, as it failed to adequately consider both Smit's refusal to obey a lawful instruction and the employer's failure to reimburse him for prior expenses. The court concluded that reinstatement was not appropriate, given that neither party wished to continue the employment relationship. Instead, the award was set aside and substituted with compensation equivalent to five months' remuneration, to be paid by Greyhound to Smit.

Citation
[2021] ZALCJHB 211
Parties
Applicant: Unitrans Passenger (Pty) Ltd t/a Greyhound Coachlines; Respondent: Brett Smit; Respondent: Commissioner Themba Zwane N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2021
Case Number
JR2122/19
Procedural Posture
Review Application / Judgment on Review and Interlocutory Application
Outcome
The arbitration award is set aside and substituted with an award of five months' remuneration as compensation to Smit. No order as to costs.
Judges
N Cassim
Legal Topics
Review of Arbitration Award, Condonation of Late Filing, Compensation for Unfair Dismissal
Labour Law Civil Procedure Review of Arbitration Award Condonation of Late Filing Compensation for Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Unitrans Passenger (Pty) Ltd t/a Greyhound Coachlines

Applicant

Brett Smit

Respondent

Commissioner Themba Zwane N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review and Interlocutory Application

Legal Issues

  1. 1 Whether the late filing of the arbitration record and supplementary affidavit should be condoned.
  2. 2 Whether the review application should be revived.
  3. 3 Whether the arbitration award in favour of Smit should be set aside and substituted with compensation.

Ratio Decidendi

The court found that condonation for the late filing of the arbitration record and supplementary affidavit was warranted, and the review application should be revived. Upon reviewing the arbitration award, the court determined that the award was not evenly balanced, as it failed to adequately consider both Smit's refusal to obey a lawful instruction and the employer's failure to reimburse him for prior expenses. The court concluded that reinstatement was not appropriate, given that neither party wished to continue the employment relationship. Instead, the award was set aside and substituted with compensation equivalent to five months' remuneration, to be paid by Greyhound to Smit.

Court Disposition

The arbitration award is set aside and substituted with an award of five months' remuneration as compensation to Smit. No order as to costs.

Orders

  • The award of the second respondent is set aside and substituted by an award of five months' remuneration to be paid as compensation by Greyhound to Smit within 15 days of this order.
  • There is no order as to costs.