Sibanye Gold Ltd v Commission for Conciliation, Mediation and Arbitration and Another (JR2643/21)
Sibanye Gold Ltd v Commission for Conciliation, Mediation and Arbitration and Another (JR2643/21) [2024] ZALCJHB 491; [2025] 3 BLLR 320 (LC); (2025) 46 ILJ 1400 (LC) (5 December 2024)
The court found that the commissioner did not commit a gross irregularity by limiting evidence regarding violence during the strike, as the applicant failed to indicate its relevance to the inconsistency challenge and did not call witnesses with personal knowledge. The applicant did not present admissible evidence distinguishing the conduct of NUM members and AMCU branch leadership from that of the dismissed AMCU members. The finding of inconsistency was reasonable given the evidence, including the employer's own Dangerous Weapons Policy and correspondence indicating lesser sanctions for simi…
Source excerpt
- Inconsistency In Dismissal
- Substantive Fairness
- Review Of Arbitration Award
- Dangerous Weapons Policy
- Protected Strike
- Disciplinary Sanction