Shoprite Checkers (Pty) Ltd v CCMA and Others (JR1484/12)
Shoprite Checkers (Pty) Ltd v CCMA and Others (JR1484/12) [2014] ZALCJHB 130 (22 April 2014)
The commissioner erred in rejecting the evidence of Mariba and Lithole solely because they were single witnesses and failed to properly weigh the conflicting versions and probabilities. This failure resulted in an unreasonable award, as material evidence was ignored and the factual disputes were not resolved in accordance with established legal principles. The defect is reviewable, but the interests of justice require that the matter be remitted for a fresh arbitration before a different commissioner, rather than substituted by the court.
Source excerpt
- Unfair Dismissal
- Review Of Arbitration Award
- Misconduct
- Evidentiary Weight
- Company Policy Breach