Wozney v Myhill and Others (JR2571/04) [2007] ZALC 99 (23 November 2007)

Wozney v Myhill and Others (JR2571/04) [2007] ZALC 99 (23 November 2007)

The court found that the arbitrator erred in upholding the dismissal of the applicant. The evidence established that the applicant did not breach confidentiality or unlawfully possess company property, as her conduct was not shown to be in violation of her contract or instructions regarding the destruction of the salary schedule. The only proven misconduct was gross insubordination for breaching an express instruction not to disclose information, which warranted a final written warning, not dismissal. The duplication of charges was unfair, and the arbitrator's decision was one which a reasonable decision-maker could not reach. The dismissal was therefore substantively unfair, and the...

Citation
[2007] ZALC 99
Parties
Applicant: Debbie Wozney; Respondent: Commissioner E L E Myhill; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Lion of Africa Insurance
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 November 2007
Case Number
JR2571/04
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review granted; arbitration award set aside; dismissal found substantively unfair; compensation awarded.
Judges
D Potgieter
Legal Topics
Unfair Dismissal, Gross Insubordination, Confidential Information, Disciplinary Procedure, Compensation, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Gross Insubordination Confidential Information Disciplinary Procedure Compensation Review of Arbitration Award

Case Brief

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Parties

Debbie Wozney

Applicant

Commissioner E L E Myhill

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Lion of Africa Insurance

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal was substantively fair.
  2. 2 Whether the arbitrator's award was reasonable and justified.
  3. 3 Whether the charges against the applicant were properly established.

Ratio Decidendi

The court found that the arbitrator erred in upholding the dismissal of the applicant. The evidence established that the applicant did not breach confidentiality or unlawfully possess company property, as her conduct was not shown to be in violation of her contract or instructions regarding the destruction of the salary schedule. The only proven misconduct was gross insubordination for breaching an express instruction not to disclose information, which warranted a final written warning, not dismissal. The duplication of charges was unfair, and the arbitrator's decision was one which a reasonable decision-maker could not reach. The dismissal was therefore substantively unfair, and the...

Court Disposition

Application for review granted; arbitration award set aside; dismissal found substantively unfair; compensation awarded.

Orders

  • The award of First Respondent dated 9 September 2004 is reviewed and set aside.
  • Applicant's dismissal on 30 April 2003 was substantively unfair.