South Africa Case Law

NTM obo Dikgale v Commission for Conciliation, Mediation and Arbitration and Others (JR809/15)

NTM obo Dikgale v Commission for Conciliation, Mediation and Arbitration and Others (JR809/15) [2017] ZALCJHB 473 (18 December 2017)

Court

Labour Court Johannesburg

Case number

JR809/15

Judge

Whitcher

The court found that the applicant failed to demonstrate any material misdirection by the Commissioner. The instruction to offload stock was lawful and reasonable under the circumstances, and the applicant's refusal constituted gross insubordination. The existence of a final written warning for a similar offence aggravated the misconduct and indicated that progressive discipline had failed. The Commissioner’s conclusion that dismissal was fair was reasonable and supported by the evidence. Allegations of bias against the chairperson were unfounded, as no evidence was led to support this claim…

Source excerpt

• Dismissal For Insubordination
• Progressive Discipline
• Arbitration Review
• Procedural Fairness
• Bias In Chairperson

Premier of Gauteng v Mdladla (J6197/00)

Premier of Gauteng v Mdladla (J6197/00) [2002] ZALC 200 (11 December 2002)

Court

Labour Court

Case number

J6197/00

Judge

Landman

The Labour Court reviewed and set aside an arbitration award, finding the employee’s dismissal for assault was substantively and procedurally fair.

• Disciplinary Code Public Service
• Procedural Fairness
• Bias In Chairperson
• Dismissal For Misconduct
• Procedural-fairness
• Bias