Solid Doors (Pty) Ltd v Hanekom NO (CA19/2012) [2014] ZALAC 19 (30 April 2014) per Dlodlo AJA [Waglay JP and Francis AJA concurring]

Appeal disallowed and Labour Court judgment upheld.

LAC Summary:

Review of arbitration award- employee dismissed for gross negligence- commissioner finding employee misconducted himself but dismissal substantively unfair- commissioner empowered to decide on the fairness of a dismissal- award meeting the reasonableness test.

[1] The appellant in this matter unsuccessfully brought an application before the court a quo wherein it sought to have the arbitrator’s award reviewed and set aside.  The arbitrator found that the sanction of dismissal imposed on the Third Respondent (Mr Africa) had been substantively unfair and he ordered reinstatement (not retrospectively) coupled with a final written warning.

[2] The appellant is a manufacturer of timber doors and mouldings.  Mr Africa was employed as a dispatch manager at the appellant’s Cape Town branch since October 2002.  It was Mr Africa’s duty to ensure that all deliveries are dealt with in accordance with the appellant’s procedures.  The appellant’s financial department situated at its head office in Johannesburg approves sales orders by granting credit facilities to customers.  Once the credit has been approved, employees located at any branch where the goods are purchased would deliver the goods to the delivery address.