Lithotech Manufacturing Cape, A division of Bidpaper Plus (Pty) Ltd v Statutory Council Printing, Newspaper & Packaging Industries and Others (C104/09)
Lithotech Manufacturing Cape, A division of Bidpaper Plus (Pty) Ltd v Statutory Council Printing, Newspaper & Packaging Industries and Others (C104/09) [2010] ZALC 223; [2010] 6 BLLR 652 (LC); (2010) 31 ILJ 1425 (LC) (26 November 2010)
The court found that although the arbitrator's reasoning was difficult to follow and contained defects, the ultimate conclusion that dismissal was inappropriate was reasonable and sustainable on the record. The arbitrator considered relevant factors, including the respondent's long service, age, the prevailing workplace culture of swearing, and the lack of evidence that the employment relationship was intolerable. Even if the respondent was guilty of abusive language, dismissal was not warranted given the context. The court held that the award was not reviewable as it was not a decision that…
Source excerpt
- Unfair Dismissal
- Abusive Language In Workplace
- Disciplinary Sanctions
- Review Of Arbitration Award
- Procedural Fairness
- Substantive Fairness