Wessels v General Public Service Sectoral Bargaining Council and Others (JR2211/12) [2019] ZALCJHB 361 (19 December 2019)

Wessels v General Public Service Sectoral Bargaining Council and Others (JR2211/12) [2019] ZALCJHB 361 (19 December 2019)

The court found that the applicant, as an officer of the court and a prosecutor, failed to uphold the standards of integrity, transparency, and accountability required by her position. The evidence demonstrated that she was involved in the reproduction and backdating of an affidavit that did not exist at the relevant time, failed to disclose this fact to the court and her colleagues, and provided misleading testimony under oath. The arbitrator's findings that the applicant committed perjury and defeated the ends of justice were supported by the evidence. The applicant's dismissal was substantively and procedurally fair, and the arbitration award fell within the bounds of reasonableness....

Citation
[2019] ZALCJHB 361
Parties
Applicant: Orpa Wessels; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Pieter Venter N.O.; Respondent: National Prosecuting Authority
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 December 2019
Case Number
JR2211/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Misconduct, Review of Arbitration Award, Perjury, Defeating the Ends of Justice
Labour Law Civil Procedure Unfair Dismissal Misconduct Review of Arbitration Award Perjury Defeating the Ends of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Orpa Wessels

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Pieter Venter N.O.

Respondent

National Prosecuting Authority

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal was substantively and procedurally fair.
  2. 2 Whether the arbitration award confirming the dismissal was reasonable and reviewable.
  3. 3 Whether the applicant committed perjury and defeated the ends of justice by fabricating evidence.

Ratio Decidendi

The court found that the applicant, as an officer of the court and a prosecutor, failed to uphold the standards of integrity, transparency, and accountability required by her position. The evidence demonstrated that she was involved in the reproduction and backdating of an affidavit that did not exist at the relevant time, failed to disclose this fact to the court and her colleagues, and provided misleading testimony under oath. The arbitrator's findings that the applicant committed perjury and defeated the ends of justice were supported by the evidence. The applicant's dismissal was substantively and procedurally fair, and the arbitration award fell within the bounds of reasonableness....

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The applicant's application to review and set aside the arbitration award issued by the First Respondent under case number GPBC3295/2011 is dismissed.
  • The applicant is ordered to pay the costs of this application.