Umbhaba Estates (Pty) Ltd v Singwane and Others (JR 2495/18)
Umbhaba Estates (Pty) Ltd v Singwane and Others (JR 2495/18) [2020] ZALCJHB 83 (22 May 2020)
The court found that the arbitrator did not misdirect himself in raising the issue of notice, as it was triggered by the employee's initial indication that he had not received notice to attend the disciplinary hearing. However, the arbitrator failed to apply his mind to the evidence that the employee was given more than 48 hours' notice, was not assigned any tasks by the employer, and indicated readiness to proceed. The charges were not complex, and the employee did not raise the issue of short notice during the hearing or arbitration. The court concluded that the arbitrator's finding of proc…
Source excerpt
- Procedural Fairness
- Arbitration Review
- Disciplinary Hearing Notice
- Reasonable Time To Prepare