WNS Global Services (Pty) Ltd v CCMA and Others (D641/17) [2018] ZALCD 15 (21 August 2018)

WNS Global Services (Pty) Ltd v CCMA and Others (D641/17) [2018] ZALCD 15 (21 August 2018)

The Labour Court found that the CCMA commissioner failed to consider material oral evidence regarding the notification of the relocation date. The evidence demonstrated that the union, acting on behalf of the employees, was notified of the move at least one month in advance, and that oral notification was sufficient under the policy. The commissioner limited her enquiry to the existence of a written agreement and ignored the oral evidence from the unrecorded portion of the meeting. The Court held that the finding of non-compliance with the notice requirement was unreasonable and not supported by the evidence. Furthermore, the Court found no procedural irregularities in the disciplinary...

Citation
[2018] ZALCD 15
Parties
Applicant: WNS Global Services (Pty) Ltd; Respondent: CCMA; Respondent: Mlaba N N.O.; Respondent: Govender K and 21 Others; Respondent: K Allen
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
21 August 2018
Case Number
D641/17
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted to CCMA for determination of appropriate sanction.
Judges
F Coetzee
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Collective Bargaining, Constructive Notice, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Disciplinary Procedure Collective Bargaining Constructive Notice Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

WNS Global Services (Pty) Ltd

Applicant

CCMA

Respondent

Mlaba N N.O.

Respondent

Govender K and 21 Others

Respondent

K Allen

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner disregarded material oral evidence regarding notification of relocation date.
  2. 2 Whether the employer complied with the policy requiring 30 days' notice of relocation to employees.
  3. 3 Whether notice to the union constitutes notice to individual employees under the relocation policy.

Ratio Decidendi

The Labour Court found that the CCMA commissioner failed to consider material oral evidence regarding the notification of the relocation date. The evidence demonstrated that the union, acting on behalf of the employees, was notified of the move at least one month in advance, and that oral notification was sufficient under the policy. The commissioner limited her enquiry to the existence of a written agreement and ignored the oral evidence from the unrecorded portion of the meeting. The Court held that the finding of non-compliance with the notice requirement was unreasonable and not supported by the evidence. Furthermore, the Court found no procedural irregularities in the disciplinary...

Court Disposition

Arbitration award reviewed and set aside; matter remitted to CCMA for determination of appropriate sanction.

Orders

  • The arbitration award of 12 April 2017 is reviewed and set aside.
  • The individual respondents were guilty of the misconduct charged, and the employer followed a fair procedure.