Vodacom (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1412/05) [2010] ZALCJHB 13 (11 November 2010)

Vodacom (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1412/05) [2010] ZALCJHB 13 (11 November 2010)

The court found that the commissioner failed to properly weigh the evidence regarding whether Monthato's absence was communicated to his employer. On the facts, it was improbable that Monthato had requested Mabaso to notify his manager, and even if he had, this did not explain his continued absence or his failure to respond to direct communication from his manager. The medical certificate provided was issued by an unregistered traditional healer and did not cover the relevant period. Monthato had prior warnings for similar misconduct, and his conduct justified dismissal on substantive grounds. However, the employer acted procedurally unfairly by giving Monthato only one day's notice to...

Citation
[2010] ZALCJHB 13
Parties
Applicant: Vodacom (Pty) Ltd; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: L P Lucwaba (N.O.); Respondent: MWASA obo Benjamin Monthato
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 November 2010
Case Number
JR1412/05
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
The CCMA award is set aside in respect of substantive unfairness and substituted with a finding of substantive fairness. The finding of procedural unfairness is upheld. Compensation is awarded for procedural unfairness.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Disciplinary Hearing, Remedies for Unfair Dismissal
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Substantive Fairness Disciplinary Hearing Remedies for Unfair Dismissal

Case Brief

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Parties

Vodacom (Pty) Ltd

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

L P Lucwaba (N.O.)

Respondent

MWASA obo Benjamin Monthato

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of Mr Monthato was substantively unfair.
  2. 2 Whether the dismissal of Mr Monthato was procedurally unfair.
  3. 3 Whether the CCMA commissioner misdirected herself in evaluating the evidence.

Ratio Decidendi

The court found that the commissioner failed to properly weigh the evidence regarding whether Monthato's absence was communicated to his employer. On the facts, it was improbable that Monthato had requested Mabaso to notify his manager, and even if he had, this did not explain his continued absence or his failure to respond to direct communication from his manager. The medical certificate provided was issued by an unregistered traditional healer and did not cover the relevant period. Monthato had prior warnings for similar misconduct, and his conduct justified dismissal on substantive grounds. However, the employer acted procedurally unfairly by giving Monthato only one day's notice to...

Court Disposition

The CCMA award is set aside in respect of substantive unfairness and substituted with a finding of substantive fairness. The finding of procedural unfairness is upheld. Compensation is awarded for procedural unfairness.

Orders

  • The second respondent’s finding that the third respondent’s dismissal was substantively unfair is set aside and substituted with a finding that it was substantively fair.
  • The second respondent’s finding that the third respondent’s dismissal was procedurally unfair is upheld.