[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-502274-105":3,"detail-sidebar-cat-0-en-105":81,"doc-detail-502274-en":130},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","ccma-arbitration-award-case-number-gatw5318-20-18-june-2023","CCMA Arbitration Award - Case Number GATW5318-20 - 18 June-2023","","CCMA arbitration award in the dispute between PSA OBON MAKALENG (Union/Applicant) and UCT AUTHORITY (FSCA) (Respondent). The commissioner, R de Wet, records that the arbitration was scheduled between November 2022 and May 2023 and finalized on 29 May 2023, following written heads of argument. The award addresses substantive and procedural fairness of the Applicant’s dismissal, including the appropriateness of dismissal as a sanction and whether workplace rules and progressive discipline were properly applied.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & 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decide?","Question",{"text":63,"@type":64},"Whether the dismissal of the Applicant was substantively and procedurally fair, including the appropriateness of dismissal and related workplace-rule and discipline issues.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"When and where was the arbitration conducted?",{"text":68,"@type":64},"The arbitration was scheduled for multiple dates from 2 November 2022 through 13 March 2023, finalized on 29 May 2023, and conducted at the CCMA offices on Pretorius Street, Pretoria, Gauteng.",{"name":70,"@type":61,"acceptedAnswer":71},"What incident led to the Applicant’s dismissal?",{"text":72,"@type":64},"During a meeting where Ms Sedibe was introducing herself as a new team leader, the Applicant interjected with the comment “Ba go fora”, which was interpreted as implying management was 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\nCommissioner:R de Wet                      \nDate of Award:  \n18 June-2023                      \n# In the ARBITRATION between\n\n                   PSA OBON MAKALENG                     \n(Union/Applicant)  \nAnd  \n                    UCT AUTHORITY(FSCA)             \n(Respondent)  \nAWARD  \n## DETAILS OF HEARING AND REPRESENTATION:\n\n[1].  This is the arbitration award in the dispute referred to the CCMA in terms of section 191(5)(a)of theLabour Relations Act,66 of 1995(hereinafter referred to as LRA).The matter was scheduled  \nfor arbitration on 2 November 2022,11 and 13 January 2023,13 March 2023 and finalized on 29 May2023.The arbitration was conducted at the offices of the CCMA in Pretorius Street,Pretoria,Gauteng.At the conclusion of the process,parties were granted the indulgence to submit written heads ofargument on or before 5 June 2023.Both parties duly complied.  \n[2].Mr Makaleng,the Applicant,was present and was present by Mr Eager,Official from the PSA.TheRespondent,Financial Sector Conduct Authority was present and represented by Mr Ka-Siboto,legalpractitioner.  \n[3].At the commencement of the arbitration proceedings,two(2)bundles of documents were admitted intothe record,and was marked as follows:Bundle “A”(Applicant's bundle)and Bundle“R”(Respondent'sbundle).It was agreed that the documents contained in the respective bundles are what they purport tobe.  \n## ISSUE TO BE DECIDED:\n\n[4].  Whether or not the dismissal of the Applicant was substantively and procedurally fair.In particularly:  \n### [4.1].Substantive fairness:\n\n[4.1.1]  Charge 1:Whether the sanction of dismissal was appropriate;  \n[4.1.2].  Charge 2:Whether Mr Makaleng was in breach of the workplace rule;  \n[4.1.3].  Charge 3:Whether a workplace rule existed that prohibits such conduct and whetherthe Applicant broke the rule as alleged?  \n### [4.2].Procedural fairness:\n\n[4.2.1].   Whether the allegations preferred against the Applicant amounts to a splitting of thecharges;and  \n[4.2.2]..  Whether progressive discipline should have been followed?  \n[5].In the event that a finding is made in the negative,to determine the appropriate remedy.The Applicantindicated his wish to be reinstated.  \n## PRELIMANARY ISSUES:\n\n[6].During the course of the arbitration a preliminary and various interlocutory applications were made.Forbrevity,submissions,rulings made and the reasons thereof,willnot be repeated in the award as sameis on record.The application from the Respondent to supplement their bundle with pages 153-155,was however provisionally admitted and a ruling was reserved pending the evidence presented on theadditional pages.The document in question to have been authored by one Ms Olivia Mashigo,Provincial Manager rom PSA and is addressed to Dr.Sandile Buthelezi,the Director-General of theFSCA.The contents discussed therein refers to the possible misconduct of Ms Felicity Mabaso,awitness during the arbitration,and resolves around her testimony given during the arbitrationproceedings.Having considered the document/s,I am not persuaded that the evidence is relevant,firstly because it does not assist in answering the issues placed in dispute to be determined,secondlyas the dismissal predated the letter contained in this document and the letter appears to have beenauthored by the PSA and not Mr Makaleng.  \n## BACKGROUND:\n\n[7].Mr Makaleng commenced his employment with the Respondent on 5 January 2009 until date of hisdismissal,being 20 March 2020.At the time of dismissal,he was occupying the position ofAdministrative Assistant earning an annual remuneration package of R370988.00.Mr Makaleng wasalso the Branch representative of the PSA whilst in the employ of the Respondent.  \n[8].  The incident that gave rise to Mr Makaleng's dismissal,commenced with a meeting that Ms Sedibe hadwith her line manager whereas she was informed that she was identified to be a team leader ","cbCaisGtY67QPDLf","https://ap.wps.com/l/cbCaisGtY67QPDLf","pdf",7878699,14,"English","# DETAILS OF HEARING AND REPRESENTATION:\n# ISSUE TO BE DECIDED:\n## [4.1].Substantive fairness:\n## [4.2].Procedural fairness:\n# PRELIMANARY ISSUES:\n# BACKGROUND:\n## GROSS DISCOURTESY:","[{\"question\":\"What was the main issue the CCMA had to decide?\",\"answer\":\"Whether the dismissal of the Applicant was substantively and procedurally fair, including the appropriateness of dismissal and related workplace-rule and discipline issues.\"},{\"question\":\"When and where was the arbitration conducted?\",\"answer\":\"The arbitration was scheduled for multiple dates from 2 November 2022 through 13 March 2023, finalized on 29 May 2023, and conducted at the CCMA offices on Pretorius Street, Pretoria, Gauteng.\"},{\"question\":\"What incident led to the Applicant’s dismissal?\",\"answer\":\"During a meeting where Ms Sedibe was introducing herself as a new team leader, the Applicant interjected with the comment “Ba go fora”, which was interpreted as implying management was lying.\"}]","CCMA Arbitration Award - Case Number GATW5318-20 - 18 June-2023 | PDF",1791030869,35]