Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19)
Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12; (2022) 43 ILJ 2393 (LC) (14 July 2022)
The court found that the arbitrator did not commit any reviewable irregularity in her assessment of the evidence or conduct of the proceedings. The arbitrator reasonably accepted Mr Njilo's explanation that he acted according to Zulu cultural norms and was unaware of the specific requirements of the compassionate leave policy. The applicant failed to demonstrate that Mr Njilo was properly informed of the policy or that he acted with dishonest intent. The arbitrator's finding that the sanction of dismissal was inappropriate was a reasonable value judgment, considering Mr Njilo's long service,…
Source excerpt
- Review Of Arbitration Award
- Compassionate Leave Policy
- Dishonesty And Misconduct
- Cultural Context In Dismissal
- Sanction Appropriateness