Utility Administration Services (Pty) Ltd v Van den Heever and Others (JR1498/16) [2017] ZALCJHB 253 (21 June 2017)

Utility Administration Services (Pty) Ltd v Van den Heever and Others (JR1498/16) [2017] ZALCJHB 253 (21 June 2017)

The court found that the applicant failed to comply with the procedural requirements set out in the Code of Good Practice, specifically the obligation to invite and consider representations from the first respondent before dismissal. The meetings held were not genuine opportunities for the first respondent to make representations regarding her continued employment or extension of probation. The applicant did not provide reasonable time or assistance for performance improvement, nor did it follow disciplinary procedures for alleged misconduct. The arbitrator's award was reasonable and within the band of decisions a reasonable decision-maker could reach. The compensation awarded was...

Citation
[2017] ZALCJHB 253
Parties
Applicant: Utility Administration Services (Pty) Ltd; Respondent: Michelle Van den Heever; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: J Mathebula N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2017
Case Number
JR1498/16
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
H Molotsi
Legal Topics
Unfair Dismissal, Probationary Employment, Compensation Award, Review of Arbitration, Audi Alteram Partem, Code of Good Practice
Labour Law Civil Procedure Unfair Dismissal Probationary Employment Compensation Award Review of Arbitration Audi Alteram Partem Code of Good Practice

Case Brief

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Parties

Utility Administration Services (Pty) Ltd

Applicant

Michelle Van den Heever

Respondent

The Commission for Conciliation Mediation and Arbitration

Respondent

J Mathebula N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant followed fair procedure in dismissing the first respondent during probation.
  2. 2 Whether the arbitrator failed to deal with the substantial merits of the dispute.
  3. 3 Whether the compensation awarded to the first respondent was reasonable.

Ratio Decidendi

The court found that the applicant failed to comply with the procedural requirements set out in the Code of Good Practice, specifically the obligation to invite and consider representations from the first respondent before dismissal. The meetings held were not genuine opportunities for the first respondent to make representations regarding her continued employment or extension of probation. The applicant did not provide reasonable time or assistance for performance improvement, nor did it follow disciplinary procedures for alleged misconduct. The arbitrator's award was reasonable and within the band of decisions a reasonable decision-maker could reach. The compensation awarded was...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.