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The Star reports that a former Johannesburg bus driver, who was dismissed five years ago from service following an accident when a commuter fell out of the bus and was crushed to death by the bus, will not get his job back.
Lucky Choene turned to the Labour Court to set aside an arbitration award which earlier upheld his dismissal. The Joburg Metro Bus Services fired Choene in 2016 following a disciplinary hearing where it was found that he was responsible for the death of the commuter. This was primarily because he drove off in circumstances where the doors of the bus had not closed. The arbitrator found that the applicant ought to have been more alert, particularly in circumstances where he had been experiencing problems with the door of the bus. Labour Court Judge Andre van Niekerk noted that Choene lodged proceedings months after the time had lapsed in which he was legally allowed to do so. He said the application was thus stillborne from the start. He added that the grounds for review were in any event limited to the arbitrator’s assessment of the evidence, and in particular, his rejection of Choene’s evidence. According to Choene, the arbitrator relied on the circumstantial evidence proffered by the Joburg Metro’s witnesses rather than the direct evidence proffered by him. He also complained that no expert witnesses were called to testify. “The arbitrator assessed the evidence and found, on a balance of probabilities, that the applicant drove the bus with an open door, with the consequence that the passenger fell to her death. It is not for this court to decide whether the arbitrator’s decision was correct – the test is whether the arbitrator committed any reviewable irregularity in his assessment of the evidence and whether that rendered the outcome unreasonable,” the judge said in dismissing the application.
- Read the full original of the report in the above regard by Zelda Venter on page 1 of The Star of 9 November 2021
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