WBHO Construction (Pty) Ltd v Cormack NO and Others (JR2405/21) [2024] ZALCJHB 544 (13 December 2024)

WBHO Construction (Pty) Ltd v Cormack NO and Others (JR2405/21) [2024] ZALCJHB 544 (13 December 2024)

The court found that none of the applicant's grounds for review fell within the jurisdictional factors of section 145(2) of the Labour Relations Act. The applicant failed to afford the third respondent a disciplinary hearing, breaching the Code of Good Practice. The evidence showed that the third respondent communicated his Covid-19 status and willingness to work, and the employer did not investigate the allegations or adjust its policies to accommodate Covid-19 regulations. The arbitrator's findings were reasonable and supported by the evidence. The review application was unnecessary and amounted to a waste of time and resources. The compensation awarded to the third respondent was not...

Citation
[2024] ZALCJHB 544
Parties
Applicant: WBHO Construction (Pty) Ltd; Respondent: Glen Allen Cormack N.O; Respondent: Bargaining Council for the Civil Engineering Industry; Respondent: Isaac Mhawu Maphanga
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2024
Case Number
JR2405/21
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed. Costs awarded against the applicant.
Judges
K Mokwena
Legal Topics
Unfair Dismissal, Abscondment, Disciplinary Procedure, Code of Good Practice, Review of Arbitration Award
Labour Law Unfair Dismissal Abscondment Disciplinary Procedure Code of Good Practice Review of Arbitration Award

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

WBHO Construction (Pty) Ltd

Applicant

Glen Allen Cormack N.O

Respondent

Bargaining Council for the Civil Engineering Industry

Respondent

Isaac Mhawu Maphanga

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the arbitration award issued by the first respondent was unreasonable and subject to review under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant complied with fair procedure in dismissing the third respondent for alleged abscondment.
  3. 3 Whether the third respondent was afforded an opportunity to be heard before dismissal.

Ratio Decidendi

The court found that none of the applicant's grounds for review fell within the jurisdictional factors of section 145(2) of the Labour Relations Act. The applicant failed to afford the third respondent a disciplinary hearing, breaching the Code of Good Practice. The evidence showed that the third respondent communicated his Covid-19 status and willingness to work, and the employer did not investigate the allegations or adjust its policies to accommodate Covid-19 regulations. The arbitrator's findings were reasonable and supported by the evidence. The review application was unnecessary and amounted to a waste of time and resources. The compensation awarded to the third respondent was not...

Court Disposition

Review application dismissed. Costs awarded against the applicant.

Orders

  • The review application is hereby dismissed.
  • The applicant is ordered to pay the third respondent's costs.