Woolworths (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (DA7/2013) [2015] ZALCD 17 (17 March 2015)

Woolworths (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (DA7/2013) [2015] ZALCD 17 (17 March 2015)

The Labour Appeal Court found that the Commissioner’s decision to uphold the dismissals was reasonable. The evidence demonstrated that the sealed cash bags, if properly sealed, could not be opened without showing signs of tampering. The demonstration by Shozi that the bags could be re-opened was not sufficiently substantiated and amounted to hearsay. The possibility that Ngcobo was responsible for the shortfalls was not supported by the evidence, as shortfalls continued after her dismissal and occurred even when she was not on duty. The Commissioner’s failure to examine the possibility of Ngcobo’s involvement did not amount to a reviewable irregularity, as the totality of the evidence...

Citation
[2015] ZALCD 17
Parties
Appellant: Woolworths (Pty) Ltd; Respondent: Commission for Conciliation, Mediation And Arbitration; Respondent: Commissioner W. Paul; Respondent: Thandiwe Shozi; Respondent: Nokuthula Yvonne Mdunge; Respondent: Nokuthula Patricia Thsapa
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
17 March 2015
Case Number
DA7/2013
Procedural Posture
Review Application / Appeal From Labour Court Judgment on Review of Arbitration Award
Outcome
Appeal upheld; Labour Court’s judgment set aside; review application dismissed.
Judges
Waglay JP, Jappie JA, Dlodlo AJA
Legal Topics
Unfair Dismissal, Arbitration Review, Reasonableness Test, Disciplinary Procedure
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Reasonableness Test Disciplinary Procedure

Case Brief

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Parties

Woolworths (Pty) Ltd

Appellant

Commission for Conciliation, Mediation And Arbitration

Respondent

Commissioner W. Paul

Respondent

Thandiwe Shozi

Respondent

Nokuthula Yvonne Mdunge

Respondent

Nokuthula Patricia Thsapa

Respondent

Procedural Posture

Review Application / Appeal From Labour Court Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the sealed cash bags could be opened without showing signs of tampering.
  2. 2 Whether another person, specifically the store administrator Ngcobo, could be responsible for the till shortfalls.
  3. 3 Whether the Commissioner committed a reviewable irregularity in his assessment of the evidence.

Ratio Decidendi

The Labour Appeal Court found that the Commissioner’s decision to uphold the dismissals was reasonable. The evidence demonstrated that the sealed cash bags, if properly sealed, could not be opened without showing signs of tampering. The demonstration by Shozi that the bags could be re-opened was not sufficiently substantiated and amounted to hearsay. The possibility that Ngcobo was responsible for the shortfalls was not supported by the evidence, as shortfalls continued after her dismissal and occurred even when she was not on duty. The Commissioner’s failure to examine the possibility of Ngcobo’s involvement did not amount to a reviewable irregularity, as the totality of the evidence...

Court Disposition

Appeal upheld; Labour Court’s judgment set aside; review application dismissed.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Labour Court is set aside and replaced with an order that the application to review the arbitration award is dismissed.