Astore Africa (Pty) Ltd v Commission for conciliation, Mediation and Arbitration and Others (JR 1895/05)
Astore Africa (Pty) Ltd v Commission for conciliation, Mediation and Arbitration and Others (JR 1895/05) [2007] ZALC 54; [2008] 1 BLLR 14 (LC) (31 August 2007)
The court found that the commissioner applied the correct legal principles and properly weighed the evidence presented. The commissioner posed the correct question regarding whether the employee's ability to perform his duties, specifically driving, was impaired by alcohol consumption. The evidence established that the employee had consumed alcohol and tested positive, but did not prove that his faculties were impaired to the extent required for dismissal. The commissioner’s reasoning was rational and justifiable, and there was no misconduct, irregularity, or impropriety. The review applicati…
Source excerpt
- Unfair Dismissal
- Review Of Arbitration Award
- Substantive Fairness
- Evidence In Arbitration
- Drunkenness As Misconduct