LAC summary: Review of arbitration award- Employer adopting escalation procedure to curb financial losses resulting from breakdown in production during night shift. Procedure enjoining employee to notify Supervisor within 30 minutes of the occurrence of breakdown. Employee experiencing series of breakdown during night shift- employee notifying supervisor via sms minutes later. Arbitrator finding that sms inappropriate in the circumstances- Labour Court reviewing arbitration award on factual basis. Appeal- reasonable test restated. Evidence showing that employee failed to follow escalation procedure- Failure to resolve factual dispute not vitiating the arbitration award- award falling within the band of reasonableness.
Shatterprufe (Pty) Ltd v Sesani NO and Others (PA4/13) [2014] ZALAC 44 (10 September 2014)
Coram: Waglay JP, Murphy et Dlodlo AJJA
Heard: 26 August 2014 Delivered: 10 September 2014
Appeal allowed and review application refused.
[1] The appellant appeals against the decision of the Labour Court reviewing and setting aside the award of the first respondent (“the arbitrator”) to the effect that the dismissal of the third respondent (“Sonamzi”) was fair. None of the respondents actively opposed the appeal.