Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JA17/2021)
Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JA17/2021) [2022] ZALAC 2; [2022] 4 BLLR 324 (LAC); (2022) 43 ILJ 825 (LAC) (27 January 2022)
The Labour Appeal Court found that the Labour Court erred in granting condonation for the late filing of the cross-review application, as the delay was excessive and not adequately explained. On the merits, the Court held that the arbitrator's finding that the third respondent committed sexual harassment was reasonable and supported by the evidence, including the third respondent's own admissions and the failure to challenge the complainant's version in cross-examination. The arbitrator's decision to substitute dismissal with a final written warning was unreasonable, given the seriousness and…
Source excerpt
- Sexual Harassment
- Unfair Dismissal
- Condonation Of Late Filing
- Review Of Arbitration Award
- Cross Review
- Sanction For Misconduct