VWMS Group (Pty) Ltd v Mooi NO and Others (JR1276/12) [2015] ZALCJHB 382 (29 October 2015)

VWMS Group (Pty) Ltd v Mooi NO and Others (JR1276/12) [2015] ZALCJHB 382 (29 October 2015)

The court found that the commissioners decision was not one that a reasonable decision maker could have reached on the evidence before him. The applicant presented a strong and cogent case, supported by uncontested documentation and credible oral evidence, demonstrating that the employee had abused the company petrol card facility over a significant period. The employee failed to provide credible explanations or meaningful challenges to the evidence, and his version was found to be improbable and evasive. The commissioners reliance on vague possibilities and speculative arguments to exonerate the employee was unreasonable. The dismissal was accordingly found to be substantively fair,...

Citation
[2015] ZALCJHB 382
Parties
Applicant: VMS Group (Pty) Ltd; Respondent: Faizel Mooi N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Liso Simubali
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 October 2015
Case Number
JR1276/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application granted; arbitration award set aside and substituted with a finding that the dismissal was substantively fair.
Judges
Snider
Legal Topics
Unfair Dismissal, Abuse of Company Property, Review Test, Disciplinary Procedure, Balance of Probabilities
Labour Law Civil Procedure Unfair Dismissal Abuse of Company Property Review Test Disciplinary Procedure Balance of Probabilities

Case Brief

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Parties

VMS Group (Pty) Ltd

Applicant

Faizel Mooi N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Liso Simubali

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioners award finding the dismissal substantively unfair was reasonable.
  2. 2 Whether the employee abused the company petrol card facility.
  3. 3 Whether the dismissal of the employee was substantively fair.

Ratio Decidendi

The court found that the commissioners decision was not one that a reasonable decision maker could have reached on the evidence before him. The applicant presented a strong and cogent case, supported by uncontested documentation and credible oral evidence, demonstrating that the employee had abused the company petrol card facility over a significant period. The employee failed to provide credible explanations or meaningful challenges to the evidence, and his version was found to be improbable and evasive. The commissioners reliance on vague possibilities and speculative arguments to exonerate the employee was unreasonable. The dismissal was accordingly found to be substantively fair,...

Court Disposition

Review application granted; arbitration award set aside and substituted with a finding that the dismissal was substantively fair.

Orders

  • The award of the commissioner dated 30 April 2012 under case number GAJB15051-11 is reviewed and set aside.
  • The award is substituted with the finding: 'The dismissal of the employee was substantively fair.'