Workforce Group v McLintock and Others (DA08/16) [2017] ZALAC 49; (2017) 38 ILJ 2517 (LAC) (1 August 2017)

Workforce Group v McLintock and Others (DA08/16) [2017] ZALAC 49; (2017) 38 ILJ 2517 (LAC) (1 August 2017)

The Labour Appeal Court found that there was no credible evidence that Mr McLintock acted under economic duress or was coerced by his superiors to commit fraud. The evidence showed that Mr McLintock was aware of the fraudulent nature of his conduct and participated willingly. The commissioner did not misconceive the nature of the enquiry, and the arbitration award was reasonable on the available evidence. The Labour Court materially misdirected itself in upsetting the award. The parity principle was properly considered, and disciplinary action was taken against other employees where appropriate. The dismissal of Mr McLintock was substantively fair, and the CCMA award should not have been...

Citation
[2017] ZALAC 49
Parties
Appellant: Workforce Group; Respondent: Damien Kenneth McLintock; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner N Mathe N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
DA08/16
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award
Outcome
Appeal upheld; Labour Court order set aside and substituted with dismissal of the review application.
Judges
Tlaletsi, Landman, Phatshoane
Legal Topics
Unfair Dismissal, Economic Duress, Consistency in Discipline, Fraudulent Misconduct, Arbitration Review, Trust and Integrity
Labour Law Unfair Dismissal Economic Duress Consistency in Discipline Fraudulent Misconduct Arbitration Review Trust and Integrity

Case Brief

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Parties

Workforce Group

Appellant

Damien Kenneth McLintock

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner N Mathe N.O.

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of Mr McLintock was substantively fair.
  2. 2 Whether Mr McLintock acted under economic duress when committing the misconduct.
  3. 3 Whether the Labour Court erred in reviewing and setting aside the CCMA arbitration award.

Ratio Decidendi

The Labour Appeal Court found that there was no credible evidence that Mr McLintock acted under economic duress or was coerced by his superiors to commit fraud. The evidence showed that Mr McLintock was aware of the fraudulent nature of his conduct and participated willingly. The commissioner did not misconceive the nature of the enquiry, and the arbitration award was reasonable on the available evidence. The Labour Court materially misdirected itself in upsetting the award. The parity principle was properly considered, and disciplinary action was taken against other employees where appropriate. The dismissal of Mr McLintock was substantively fair, and the CCMA award should not have been...

Court Disposition

Appeal upheld; Labour Court order set aside and substituted with dismissal of the review application.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Labour Court is set aside and substituted with: 'The application for the review and setting aside of the arbitration award dated 17 September 2013 issued under Case No: KNDB8371-13 by the Commission for Conciliation Mediation and Arbitration is dismissed. No order is made as to costs.'