Working On Fire(Pty) Ltd v Mafisa and Others (JR2132/20) [2024] ZALCJHB 104 (6 March 2024)

Working On Fire(Pty) Ltd v Mafisa and Others (JR2132/20) [2024] ZALCJHB 104 (6 March 2024)

The Labour Court found that the applicant dismissed Mafisa in absentia and without a hearing, and failed to provide further notice or establish whether Mafisa was aware of the hearing or hospitalized. No exceptional circumstances justified dispensing with a pre-dismissal procedure. The applicant admitted that no evidence was led at the time of dismissal, and the record confirmed the absence of any disciplinary hearing or supporting evidence. The Commissioner correctly found both procedural and substantive unfairness. Furthermore, the involvement of Mr Banzana, whose competence was challenged by Mafisa, in the decision to dismiss breached the rule against bias (nemo judex in propria...

Citation
[2024] ZALCJHB 104
Parties
Applicant: Working On Fire (Pty) Ltd; Respondent: NUMSA obo Johnson Mafisa; Respondent: Commissioner Moloi N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 March 2024
Case Number
JR2132/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; arbitration award stands.
Judges
Buirski
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Natural Justice, Nemo Judex in Propria Causa, Arbitration Review
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Substantive Fairness Natural Justice Nemo Judex in Propria Causa Arbitration Review

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Parties

Working On Fire (Pty) Ltd

Applicant

NUMSA obo Johnson Mafisa

Respondent

Commissioner Moloi N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Was the dismissal of Mafisa procedurally fair?
  2. 2 Was the dismissal of Mafisa substantively fair?
  3. 3 Did the employer breach the rule against bias (nemo judex in propria causa)?

Ratio Decidendi

The Labour Court found that the applicant dismissed Mafisa in absentia and without a hearing, and failed to provide further notice or establish whether Mafisa was aware of the hearing or hospitalized. No exceptional circumstances justified dispensing with a pre-dismissal procedure. The applicant admitted that no evidence was led at the time of dismissal, and the record confirmed the absence of any disciplinary hearing or supporting evidence. The Commissioner correctly found both procedural and substantive unfairness. Furthermore, the involvement of Mr Banzana, whose competence was challenged by Mafisa, in the decision to dismiss breached the rule against bias (nemo judex in propria...

Court Disposition

Review application dismissed; arbitration award stands.

Orders

  • The review application is dismissed.
  • There is no order as to costs.