Rheinmetall Denel Munition (Pty) Ltd v NBCCI (C 528/13) [2015] ZALCJHB 49 (24 February 2015)

LC summary: Review – dismissal – finding of dishonesty irrational – failure to appreciate seriousness of later misconduct not rational – failure to consider the fairness of the dismissal in the light of the code of good practice – failure to consider the nature of the post and the reason for the candidates appointment when deciding on the appropriate sanction resulting in irrational outcome.

Heard: 20 May 2014        Delivered: 24 February 2015

LAGRANGE, J

Introduction

[1] On 17 September 2012, third respondent, Ms A Nombande (‘Nombande’), was appointed on a six-month probationary period as the personal assistant to the General Manager: Human Relations of the applicant, Ms N Nakedi (‘Nakedi’).  On 11 February 2013 she was dismissed for dishonesty, poor performance and absenteeism before the probationary period had expired.

[2] The arbitrator who decided her unfair dismissal claim found that, even though she was guilty of failing to perform regular and lawful instructions and guilty of poor work performance, the sanction of dismissal was too severe and ordered her reinstatement retrospective to the date of her dismissal with backpay.  In relation to a third charge of dishonesty, the arbitrator found Nombande not guilty.  The applicant seeks to set aside the award on review.