Van Tonder v Sibanye Stillwater Ltd and Others (JR 651/20) [2023] ZALCJHB 265 (19 September 2023)

Van Tonder v Sibanye Stillwater Ltd and Others (JR 651/20) [2023] ZALCJHB 265 (19 September 2023)

The court found that the commissioner had exhaustively considered all evidence and applied the correct legal principles. The alleged custom of 'fishpond discipline' was not certain, uniformly observed, or reasonable, and was contrary to Sibanye's disciplinary code, which superseded any prior practices. The conduct of instructing subordinates to submerge their heads in a fishpond was degrading and violated their dignity, contravening both the company's code and constitutional values. The commissioner reasonably concluded that the dismissal was substantively and procedurally fair, and there was no reviewable irregularity or misconduct in the arbitration proceedings. The applicant failed to...

Citation
[2023] ZALCJHB 265
Parties
Applicant: Hendrik Cornelius van Tonder; Respondent: Sibanye Stillwater Ltd; Respondent: Commissioner Van Staden, Piet N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: NUM obo Alfred Folei Thebe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 September 2023
Case Number
JR 651/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
Mahosi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Custom in Workplace, Disciplinary Code, Human Dignity, Condonation
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Custom in Workplace Disciplinary Code Human Dignity Condonation

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 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Hendrik Cornelius van Tonder

Applicant

Sibanye Stillwater Ltd

Respondent

Commissioner Van Staden, Piet N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

NUM obo Alfred Folei Thebe

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of Mr. van Tonder was substantively and procedurally fair.
  2. 2 Whether the commissioner committed a reviewable irregularity in the arbitration proceedings.
  3. 3 Whether the practice of 'fishpond discipline' constituted a valid workplace custom.

Ratio Decidendi

The court found that the commissioner had exhaustively considered all evidence and applied the correct legal principles. The alleged custom of 'fishpond discipline' was not certain, uniformly observed, or reasonable, and was contrary to Sibanye's disciplinary code, which superseded any prior practices. The conduct of instructing subordinates to submerge their heads in a fishpond was degrading and violated their dignity, contravening both the company's code and constitutional values. The commissioner reasonably concluded that the dismissal was substantively and procedurally fair, and there was no reviewable irregularity or misconduct in the arbitration proceedings. The applicant failed to...

Court Disposition

Application dismissed.

Orders

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