THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR2106/21
In the matter between:
HAMILTON NGUBO Applicant
and
SOUTH AFRICAN BROADCASTING CORPORATION First Respondent
THE COMMISSION FOR CONCILIATION , Second Respondent
MEDIATION AND ARBITRATION
DAN PRETORIUS N.O. Third Respondent
Decided in chambers: 20 January 2025
This judgment was handed down electronically by emailing a copy to the parties. The 20
th of January 2025 is deemed to be the date of delivery of
this judgment.
JUDGMENT : LEAVE TO APPEAL
2
MEYEROWITZ AJ
[1] This is an opposed application for leave to appeal, brought by the
applicant (Mr Ngubo), against my judgment in this matter dated 18 September 2024.
[2] The facts and my reasoning in this matter are recorded in the above
judgment and need not be repeated here. Mr Ngubo’s written submissions in
support of his application for leave to appeal have not persuaded me that any
material findings I made were incorrect, or that an appeal would have
reasonable prospects of success. [3] After considering all of the evidence, I was satisfied that Mr Ngubo had
been dishonest with the investigators by not disclosing his conversation with Mr Hanarkan. I was not satisfied beyond a reasonable doubt but I was satisfied on
a balance of probabilities . I only mentioned the criminal burden to emphasise
that Mr Ngubo’s version, while plausible, was not the more likely version – I
certainly did not shi ft or elevate the burden of proof.
[4] While I appreciate that not every act of dishonesty justifies dismissal, my
view remains that the Commissioner acted reasonably when finding dismissal to
have been an appropriate sanction. This is on the basis that dismissal should
be a sensible operational response to risk management.
[5] The written submissions in this matter were late but the tardiness is
hereby condoned because the delay was brief . However, the failure to
apologise or seek condonation is disrespectful of this court and provides sufficient basis to depart from the norm that costs do not follow the result in
labour matters .
[6] In the premises, I make the following order:
Order
1. The applicant’s application for leave to appeal is dismissed with costs.
3
Mark Meyerowitz
Acting Judge of the Labour Court of South Africa