Woolworths (Pty) Ltd v Magwaza NO and Others (JR536/08) [2009] ZALC 201 (2 October 2009)

Woolworths (Pty) Ltd v Magwaza NO and Others (JR536/08) [2009] ZALC 201 (2 October 2009)

The court found that the arbitrator's award was unreasonable and that the applicant had discharged its burden of proving that the fourth respondent's conduct warranted dismissal. The evidence established that the fourth respondent engaged in aggressive, violent, and insubordinate behaviour, which irreparably damaged the trust relationship. The court determined that there was no basis to remit the matter for re-arbitration, as sufficient evidence was available to substitute its own finding. The dismissal was held to be substantively fair, and a costs order was justified against the third and fourth respondents.

Citation
[2009] ZALC 201
Parties
Applicant: Woolworths (Pty) Ltd; Respondent: Commissioner Sibusiso Magwaza N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: South African Commercial Catering and Allied Workers Union (SACCAWU); Respondent: Lungile Quma
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 October 2009
Case Number
JR536/08
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award was reviewed and set aside. The dismissal of the fourth respondent was held to be substantively fair. Costs were awarded against the third and fourth respondents jointly and severally.
Judges
Mthembu AJ
Legal Topics
Unfair Dismissal, Arbitration Review, Substantive Fairness, Burden of Proof, Costs Order
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Substantive Fairness Burden of Proof Costs Order

Case Brief

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Parties

Woolworths (Pty) Ltd

Applicant

Commissioner Sibusiso Magwaza N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

South African Commercial Catering and Allied Workers Union (SACCAWU)

Respondent

Lungile Quma

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity in finding the dismissal of the fourth respondent substantively unfair.
  2. 2 Whether the applicant discharged its burden of proving a fair reason for dismissal.
  3. 3 Whether the matter should be remitted for re-arbitration or substituted with a finding by the court.

Ratio Decidendi

The court found that the arbitrator's award was unreasonable and that the applicant had discharged its burden of proving that the fourth respondent's conduct warranted dismissal. The evidence established that the fourth respondent engaged in aggressive, violent, and insubordinate behaviour, which irreparably damaged the trust relationship. The court determined that there was no basis to remit the matter for re-arbitration, as sufficient evidence was available to substitute its own finding. The dismissal was held to be substantively fair, and a costs order was justified against the third and fourth respondents.

Court Disposition

The arbitration award was reviewed and set aside. The dismissal of the fourth respondent was held to be substantively fair. Costs were awarded against the third and fourth respondents jointly and severally.

Orders

  • The award of the first respondent under case no GAJB 30184-06 is reviewed and set aside.
  • The dismissal of the fourth respondent is declared substantively fair.