Independent Newspapers (Pty) Ltd t/a Independent Newspapers Kwazulu-Natal v Statutory Council for the Printing, Newspaper & Packaging Industries and Others (D161/08) [2009] ZALC 254 (4 December 2009)

Independent Newspapers (Pty) Ltd t/a Independent Newspapers Kwazulu-Natal v Statutory Council for the Printing, Newspaper & Packaging Industries and Others (D161/08) [2009] ZALC 254 (4 December 2009)

The court found that the Second Respondent misdirected himself by treating the dismissal as one for incapacity rather than misconduct, contrary to the basis upon which the disciplinary enquiry and arbitration were conducted. The parties presented their cases on the basis of misconduct, and there was agreement that procedural fairness was not in issue. The Second Respondent's reasoning in distinguishing the Third Respondent's case from similar cases was illogical and unreasonable. Consequently, the award was one that a reasonable decision maker could not reach, warranting review and setting aside of the award.

Citation
[2009] ZALC 254
Parties
Applicant: Independent Newspapers (Pty) Ltd t/a Independent Newspapers Kwazulu-Natal; Respondent: Statutory Council for the Printing, Newspaper & Packaging Industries; Respondent: B Mngoma N.O.; Respondent: Skhumbuzo Miya
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 December 2009
Case Number
D161/08
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award of the Second Respondent is reviewed and set aside. The dispute is referred back to the First Respondent for determination by a commissioner other than the Second Respondent.
Judges
Conradie AJ
Legal Topics
Unfair Dismissal, Misconduct, Review of Arbitration Award, Procedural Fairness
Labour Law Unfair Dismissal Misconduct Review of Arbitration Award Procedural Fairness

Case Brief

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Parties

Independent Newspapers (Pty) Ltd t/a Independent Newspapers Kwazulu-Natal

Applicant

Statutory Council for the Printing, Newspaper & Packaging Industries

Respondent

B Mngoma N.O.

Respondent

Skhumbuzo Miya

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Second Respondent misdirected himself by treating the dismissal as one for incapacity rather than misconduct.
  2. 2 Whether the arbitration award was one that a reasonable decision maker could reach.
  3. 3 Whether the dismissal of the Third Respondent for publishing a fictitious story constituted misconduct.

Ratio Decidendi

The court found that the Second Respondent misdirected himself by treating the dismissal as one for incapacity rather than misconduct, contrary to the basis upon which the disciplinary enquiry and arbitration were conducted. The parties presented their cases on the basis of misconduct, and there was agreement that procedural fairness was not in issue. The Second Respondent's reasoning in distinguishing the Third Respondent's case from similar cases was illogical and unreasonable. Consequently, the award was one that a reasonable decision maker could not reach, warranting review and setting aside of the award.

Court Disposition

The arbitration award of the Second Respondent is reviewed and set aside. The dispute is referred back to the First Respondent for determination by a commissioner other than the Second Respondent.

Orders

  • The decision of the Second Respondent is reviewed and set aside.
  • The dispute is referred back to the First Respondent for determination by a commissioner other than the Second Respondent.