South Africa Case Law

Glencore (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1251/2014)

Glencore (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1251/2014) [2018] ZALCJHB 289; (2018) 39 ILJ 2536 (LC) (11 September 2018)

Court

Labour Court Johannesburg

Case number

JR1251/2014

Judge

E Tlhotlhalemaje

The Labour Court found that the Commissioner had misconceived the nature of the enquiry, ignored relevant and material evidence, and failed to properly apply his mind to the issues at hand. The Commissioner did not adequately assess the reliability and credibility of the evidence regarding Manyoni's absence and notification attempts, nor did he resolve factual disputes about the reasons for absence and notification to the supervisor. The Commissioner incorrectly relied on the submission of medical certificates at the appeal hearing as sufficient justification for prolonged absence, disregardi…

Source excerpt

• Unfair Dismissal
• Desertion Policy
• Review Of Arbitration Award
• Sick Leave Entitlement
• Procedural Irregularity

Glencore Operations South Africa (Pty) Ltd (Mototolo) v GIWUSA obo Baloyi and Others (JR2448/14)

Glencore Operations South Africa (Pty) Ltd (Mototolo) v GIWUSA obo Baloyi and Others (JR2448/14) [2015] ZALCJHB 388 (3 November 2015)

Court

Labour Court Johannesburg

Case number

JR2448/14

Judge

S Baloyi

The Labour Court reviewed and set aside a CCMA award in a desertion dismissal dispute, finding the commissioner addressed the wrong issue and remitting the matter.

• Unfair Dismissal
• Review Of Arbitration Award
• Desertion Policy
• Remittal Of Matter
• Review-of-arbitration-award
• Desertion-dismissal