Woolworths (Pty) Ltd v Magwaza NO and Others (JR536/08) [2009] ZALCJHB 50 (2 October 2009)

Woolworths (Pty) Ltd v Magwaza NO and Others (JR536/08) [2009] ZALCJHB 50 (2 October 2009)

The court found that there was sufficient evidence on record to make a fair finding without remitting the matter to the CCMA. The applicant had discharged its burden of proving that the fourth respondent committed misconduct warranting dismissal. The circumstances indicated that the employment relationship had irretrievably broken down, and it would not be fair to expect the applicant to retain the fourth respondent. The arbitration award was therefore reviewed and set aside, and substituted with a finding that the dismissal was substantively fair. The court also found it appropriate to order costs against the third and fourth respondents jointly and severally.

Citation
[2009] ZALCJHB 50
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
2 October 2009
Case Number
JR536/08
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is granted. The dismissal of the fourth respondent is found to be substantively fair. Costs are awarded against the third and fourth respondents jointly and severally.
Judges
Mthembu
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Burden of Proof, Gross Misconduct, Costs Order
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Burden of Proof Gross Misconduct Costs Order

Case Brief

Summary, issues, holding and outcome

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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

Legal Issues

  1. 1 Whether the arbitration award issued by the first respondent was defective under section 145(2)(a) of the LRA.
  2. 2 Whether the dismissal of the fourth respondent was substantively fair.
  3. 3 Whether the matter should be remitted to the CCMA for rehearing or substituted by the court.

Ratio Decidendi

The court found that there was sufficient evidence on record to make a fair finding without remitting the matter to the CCMA. The applicant had discharged its burden of proving that the fourth respondent committed misconduct warranting dismissal. The circumstances indicated that the employment relationship had irretrievably broken down, and it would not be fair to expect the applicant to retain the fourth respondent. The arbitration award was therefore reviewed and set aside, and substituted with a finding that the dismissal was substantively fair. The court also found it appropriate to order costs against the third and fourth respondents jointly and severally.

Court Disposition

Application to review and set aside the arbitration award is granted. The dismissal of the fourth respondent is found to be substantively fair. Costs are awarded against the third and fourth respondents jointly and severally.

Orders

  • The award of the first respondent under case no GAJB 30184-06 under the auspices of the second respondent is reviewed and set aside.
  • The first respondent’s award is substituted with the finding that the dismissal of the fourth respondent was substantively fair.