Minister of Police v Safety and Security Sectoral Bargaining Council and Others

The third respondent, a long-serving SAPS employee appointed as an SAP 13 clerk, was responsible for the safekeeping of state-owned firearms at the Ngangelizwe police station. He kept the key to the strongroom and firearms safe in an unlocked steel cabinet in his locked office, a system that had existed for years. In July 2017, an inspection revealed that 13 firearms were missing from the safe. The employee was charged with misconduct for the negligent loss of state property and dismissed in December 2017. At arbitration, it was established that the station commander did not hold a duplicate key, had known since 2014 that a duplicate key was missing, had not changed the locks, and had not prescribed where the key should be kept. The arbitrator found the employee negligent but held that dismissal was too harsh and ordered reinstatement with 12 months’ backpay. The Labour Court dismissed the Minister’s review application, and the matter came before the Labour Appeal Court on appeal.

The appeal was dismissed. The arbitrator’s award reinstating the employee with 12 months’ backpay remained intact. No order as to costs was made.

The case reaffirms the Sidumo reasonableness standard and the limited scope of review of arbitration awards in labour disputes. It underscores that negligence, even in serious contexts such as the loss of firearms, does not automatically justify dismissal and that arbitrators may consider systemic failures and inconsistency when determining an appropriate sanction.