Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020) [2022] ZALCJHB 305 (3 November 2022)

Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020) [2022] ZALCJHB 305 (3 November 2022)

The court found that the arbitrator made material errors of fact and failed to properly consider the evidence, including the actual distance of the transfer and the sectoral determination provisions. The instruction to transfer was reasonable, and the respondents' refusal constituted serious and wilful insolence. The arbitrator's award was not supported by the evidence and failed the threshold of reasonableness required for review. The court was satisfied that the record allowed it to substitute its own decision and held that the dismissal of the individual respondents was substantively and procedurally fair.

Citation
[2022] ZALCJHB 305
Parties
Applicant: Volsec Security SA (PTY) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: SACSAAWU obo Rampedi, Michael & 4 Others; Respondent: Commissioner Eva Ngobeni N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 November 2022
Case Number
JR 2013/2020
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dismissal of the individual respondents is declared substantively and procedurally fair.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Sectoral Determination, Insolence, Substantive Fairness, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Sectoral Determination Insolence Substantive Fairness Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Volsec Security SA (PTY) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

SACSAAWU obo Rampedi, Michael & 4 Others

Respondent

Commissioner Eva Ngobeni N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award finding unfair dismissal was reasonable on the evidence.
  2. 2 Whether the instruction to transfer the individual respondents was reasonable and justified.
  3. 3 Whether the dismissal of the individual respondents for insolence was substantively and procedurally fair.

Ratio Decidendi

The court found that the arbitrator made material errors of fact and failed to properly consider the evidence, including the actual distance of the transfer and the sectoral determination provisions. The instruction to transfer was reasonable, and the respondents' refusal constituted serious and wilful insolence. The arbitrator's award was not supported by the evidence and failed the threshold of reasonableness required for review. The court was satisfied that the record allowed it to substitute its own decision and held that the dismissal of the individual respondents was substantively and procedurally fair.

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of the individual respondents is declared substantively and procedurally fair.

Orders

  • The award issued by the third respondent is reviewed and set aside.
  • The award is substituted with: 'The applicants’ dismissal was substantively and procedurally fair.'