IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT CAPE TOWN)
CASE NUMBER:							   C517/2006
Heard and Delivered:					         7 May 2008
Edited: 								0 June 2010
NOT REPORTABLE
TRENTYRE (Pty) LTD 					     Applicant
and
NATIONAL UNION OF METAL WORKERS
OF SOUTH AFRICA (“NUMSA”)		          First Respondent
SARAH CHRISTIE N.O.                            Second Respondent
THE MOTOR INDUSRTY BARGAINING
COUNCIL                                                   Third Respondent
SIMON WITBOOI                                      Fourth Respondent   
J U D G M E N T
PILLAY D, J:

This is an application to review and set aside the award of the second respondent commissioner.  This is a classic case in which an application for a review should be dismissed.  It is submitted for the applicant that the award should be set aside on the grounds that it amounts to a gross irregularity because the commissioner effectively denied the applicant a fair hearing by discounting altogether the misconduct of being drunk on duty because it was the applicant’s first offence.

It is manifest from the award that the commissioner took into account all factors and did not exclude the seriousness of the offence and the importance of the rule; she in fact records that dismissal for drunkenness would be a valid reason for a dismissal, but in the circumstances was not a sufficient reason to dismiss.   The commissioner also took into account that dismissal is a remedy when conduct poses a risk to management.

In the circumstances the application for review is dismissed with costs.

________________
PILLAY D, J