South Africa Case Law

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019)

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019) [2021] ZALCCT 53; (2021) 42 ILJ 2473 (LC) (13 August 2021)

Court

Labour Court Cape Town

Case number

C214/2019

Judge

Lagrange

Labour Court review of a CCMA award in a dishonesty dismissal case, holding that remorse and admission of guilt can justify different sanctions.

• Dismissal For Dishonesty
• Inconsistency In Sanction
• Remorse As Mitigation
• Substantive Fairness
• Ccma Guidelines On Misconduct
• Dismissal-for-dishonesty

Air Liquide (Pty) Ltd v Nkgoeng NNO and Others (JR167/17)

Air Liquide (Pty) Ltd v Nkgoeng NNO and Others (JR167/17) [2019] ZALCJHB 346 (29 November 2019)

Court

Labour Court Johannesburg

Case number

JR167/17

Judge

L Raphulu

The Labour Court dismissed a review of an arbitration award, holding it was reasonable to find the employee was at work and that his dismissal was substantively unfair.

• Review Of Arbitration Award
• Substantive Fairness
• Dismissal For Dishonesty
• Labour-law
• Review-of-arbitration-award
• Substantive-fairness

Autozone v Dispute Resolution Centre of Motor Industry and Others (JA52/2015)

Autozone v Dispute Resolution Centre of Motor Industry and Others (JA52/2015) [2019] ZALAC 46; [2019] 6 BLLR 551 (LAC); (2019) 40 ILJ 1501 (LAC) (13 February 2019)

Court

Labour Appeal Court

Case number

JA52/2015

Judges

Murphy, Tlaletsi

The Labour Appeal Court held that dishonest conduct by an employee justified dismissal, set aside the Labour Court order, and upheld the arbitration award.

• Dismissal For Dishonesty
• Breakdown Of Trust Relationship
• Arbitration Review
• Substantive Fairness
• Operational Requirements
• Labour-law

BUFFALO CITY METRO V MANGASHE AND OTHERS (PA8/2014)

BUFFALO CITY METRO V MANGASHE AND OTHERS (PA8/2014) [2016] ZALAC 74 (3 May 2016)

Court

Labour Appeal Court

Case number

PA8/2014

Judges

Makgoka, Waglay, Coppin

The Labour Appeal Court held that dismissal for misrepresenting qualifications was substantively and procedurally fair, and that remittal for fresh arbitration was unnecessary.

• Misrepresentation Of Qualifications
• Procedural Fairness
• Substantive Fairness
• Arbitration Review
• Dismissal For Dishonesty
• Misrepresentation-of-qualifications

City of Cape Town v South African Local Government Bargaining Council and Others (C490/2009)

City of Cape Town v South African Local Government Bargaining Council and Others (C490/2009) [2011] ZALCCT 2; [2011] 5 BLLR 504 (LC) (4 February 2011)

Court

Labour Court Cape Town

Case number

C490/2009

Judge

AC Basson

The court found that the arbitrator's decision to reinstate the respondent was not reasonable. The respondent, employed in a position of trust, committed gross dishonesty and corruption by fraudulently obtaining a driver's license and using it for nine years. Her conduct constituted a criminal offence and was destructive of the trust relationship essential to her employment. The respondent showed no remorse and persisted in her dishonesty throughout the proceedings. The court held that the passage of time and lack of direct loss to the employer were irrelevant. The applicant, as an organ of s…

Source excerpt

• Dismissal For Dishonesty
• Review Of Arbitration Award
• Trust Relationship
• Off Duty Misconduct
• Sanction For Misconduct

Shoprite Checkers (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JA 08/2004)

Shoprite Checkers (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JA 08/2004) [2008] ZALAC 9; [2008] 9 BLLR 838 (LAC); (2008) 29 ILJ 2581 (LAC) (20 June 2008)

Court

Labour Appeal Court

Case number

JA 08/2004

Judges

Davis, Tlaletsi, Ndlovu

The Labour Appeal Court held that the dismissal of the fourth respondent was substantively and procedurally fair. The evidence established that the fourth respondent breached company rules and acted dishonestly on multiple occasions, undermining the trust relationship essential to the employment context. The Labour Court erred by substituting the sanction of dismissal with a final written warning without first determining the fairness of the dismissal. Established jurisprudence confirms that theft or dishonesty, regardless of the value involved or length of service, justifies dismissal, parti…

Source excerpt

• Dismissal For Dishonesty
• Operational Requirements
• Trust Relationship
• Review Of Arbitration Award
• Sanction For Misconduct

Hills v Commission for Conciliation Mediation and Arbitration and Others (D254/05)

Hills v Commission for Conciliation Mediation and Arbitration and Others (D254/05) [2007] ZALC 194 (30 April 2007)

Court

Labour Court

Case number

D254/05

Judge

Pillay D

Labour Court review dismissed: an employee admitted dishonest pre-POD entries and failed to show any reviewable irregularity in the arbitration award.

• Dismissal For Dishonesty
• Review Of Arbitration Award
• Remorse And Penalty
• Consistency In Dismissal
• Jurisdiction Of Commissioner
• Dismissal-for-dishonesty