Imperial Logistics South Africa Group (Pty) Ltd v Leso and Others

Mr Raymond Mokakatla Leso was employed as a Fleet Manager, initially by Barloworld and later transferred to Imperial Logistics South Africa Group (Pty) Ltd in terms of section 197 of the Labour Relations Act. He was dismissed on 17 September 2019 for misconduct. Of five charges initially brought, only charges two (dereliction of duty relating to alleged failure to act on reported vehicle brake defects in June 2019) and five (bringing the company into disrepute through poor planning and communication with subordinates affecting the client Makro) resulted in dismissal. The CCMA commissioner found the dismissal procedurally fair but substantively unfair and awarded retrospective reinstatement with backpay equivalent to 36 months’ remuneration. Imperial Logistics brought a review application to the Labour Court.

The review application was partially successful. The finding of substantive unfair dismissal was upheld, but the reinstatement award was reviewed and set aside. It was substituted with an order awarding Mr Leso compensation equal to 12 months’ salary, amounting to R284 510.40. No order as to costs was made.

The case reaffirms the Sidumo reasonableness test in the review of CCMA awards and illustrates the Labour Court’s reluctance to interfere with a commissioner’s factual findings where they are reasonably supported by evidence. It is significant for clarifying that reinstatement should not be awarded where it is not sought by the employee and where evidence shows the employment relationship has become intolerable, reinforcing proper application of section 193(2) of the LRA.