Auto Pedigree, a Division of Motus Group v Dispute Resolution Centre (MIBCO) and Others

The third respondent was employed by Auto Pedigree as a branch manager and was dismissed for misconduct involving gross insubordination, gross negligence, and dishonesty. His disciplinary hearing had been postponed previously due to ill health. On the final scheduled date, the hearing was to proceed virtually, but the employee again claimed illness and submitted a medical certificate instead of attending. The employer proceeded with the hearing in his absence and dismissed him. The employee referred an unfair dismissal dispute to the Motor Industry Bargaining Council’s Dispute Resolution Centre (MIBCO). The commissioner found the dismissal substantively fair but procedurally unfair, awarding compensation equivalent to one and a half months’ salary. The employer applied to the Labour Court to review and set aside the award.

The application to review and set aside the arbitration award was dismissed. The arbitration award finding the dismissal procedurally unfair and awarding compensation remained intact. Condonation for the employee’s late opposition and late review application was refused.

The case reaffirms the Sidumo reasonableness test in Labour Court review proceedings and illustrates the court’s reluctance to interfere with arbitration awards where the outcome falls within a range of reasonable decisions. It also underscores the importance of procedural fairness in disciplinary hearings, particularly the obligation to provide employees with relevant documents, and highlights the strict approach taken to condonation for excessive delays.