ALLOW EVIDENCE TO PROVE AUTHENTICITY TO JUSTIFY A DISMISSAL IN LABOUR LAW.
In review of Tumelo Musi v PFG Glass (Pty) Ltd; Case No: JR 1175/18 (LC) [26 March 2021].
For the full judgment, click on the link below: https://mabasoinc.co.za/sitepad-data/uploads/2024/05/tumelo-musi-judgment.pdf
In this matter, a member (“Musi”) of a trade union (“NUMSA”), was dismissed by his then-employer following a disciplinary hearing in which he was found guilty of sleeping on duty. The only evidence that the Employer relied on was a photograph produced by a NUMSA official defending a different member. Musi's alleged case was used to support an argument that other employees were sleeping on duty but not dismissed. Musi conceded that the photograph depicts him; however, he disputed that he slept on duty and/or that it was used with his knowledge and the authenticity thereof. Following the dismissal, Musi, being assisted by NUMSA, referred a dispute at the National Bargaining Council for the Chemical Industry wherein Commissioner Ndlebe confirmed the fairness of his dismissal in the arbitration award.
Dissatisfied with this outcome, NUMSA appointed our office to assist Musi by lodging a review application in the Labour Court.
Our office after being convinced that Commissioner Ndlebe committed reviewable irregularity in upholding the fairness of dismissal, a review application was lodged at the Labour Court.
The Labour Court, on 26 March, granted our application and emphasised that:
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Moreover, the Labour Court substituted the arbitration award with an order that the dismissal of Musi was substantively unfair; as a result, the employer was ordered to retrospectively reinstate him to his position with immediate effect and be paid a backpay of R187 081.76.
"It is almost three years since Mr Musi's dismissal on 18 June 2018...In my view, it is in the interest of justice and fairness to both parties that a back pay be limited to 16 months."
