Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PA12/2020) [2021] ZALAC 49; [2022] 3 BLLR 296 (LAC); (2022) 43 ILJ 839 (LAC) (10 December 2021)

Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PA12/2020) [2021] ZALAC 49; [2022] 3 BLLR 296 (LAC); (2022) 43 ILJ 839 (LAC) (10 December 2021)

The Labour Appeal Court found that the third respondent acted dishonestly by claiming sick leave and attending a rugby match, knowing he would be paid for the day. This conduct constituted gross misconduct and breached the trust essential to the employment relationship, particularly given the third respondent's relatively senior position. The arbitration award and the judgment of the court a quo were reviewable and set aside because they failed to properly assess the seriousness of the dishonesty and its impact on the employment relationship. The court held that dismissal was both substantively and procedurally fair under the circumstances.

Citation
[2021] ZALAC 49
Parties
Appellant: Woolworths (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Frederick Sauls; Respondent: Brian Hilton Alexander
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 December 2021
Case Number
PA12/2020
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing Arbitration Award
Outcome
Appeal upheld; arbitration award and court a quo order set aside; dismissal of third respondent found substantively and procedurally fair.
Judges
Waglay, Davis, Savage
Legal Topics
Unfair Dismissal, Dishonesty in Employment, Breach of Trust, Disciplinary Procedure
Labour Law Unfair Dismissal Dishonesty in Employment Breach of Trust Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Woolworths (Pty) Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Frederick Sauls

Respondent

Brian Hilton Alexander

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of the third respondent for dishonesty in abusing sick leave was substantively and procedurally fair.
  2. 2 Whether the arbitration award finding the dismissal unfair was reviewable and should be set aside.
  3. 3 Whether the employment relationship had irretrievably broken down due to the third respondent's conduct.

Ratio Decidendi

The Labour Appeal Court found that the third respondent acted dishonestly by claiming sick leave and attending a rugby match, knowing he would be paid for the day. This conduct constituted gross misconduct and breached the trust essential to the employment relationship, particularly given the third respondent's relatively senior position. The arbitration award and the judgment of the court a quo were reviewable and set aside because they failed to properly assess the seriousness of the dishonesty and its impact on the employment relationship. The court held that dismissal was both substantively and procedurally fair under the circumstances.

Court Disposition

Appeal upheld; arbitration award and court a quo order set aside; dismissal of third respondent found substantively and procedurally fair.

Orders

  • The appeal is upheld.
  • The order of the court a quo of 28 May 2020 is set aside and replaced with an order that the arbitration award under Case Number ECPE 5477-18 dated 4 February 2019 is reviewed and set aside and replaced with a finding that the third respondent was dismissed both substantively and procedurally fairly.