Ndzeru v Transnet National Ports Authority and Others (C369/2020)
Ndzeru v Transnet National Ports Authority and Others (C369/2020) [2023] ZALCCT 11; [2023] 6 BLLR 565 (LC); (2023) 44 ILJ 1307 (LC) (16 March 2023)
The court found that the arbitrator's decision that the applicant's dismissal for incapacity was substantively and procedurally fair could not be faulted on the evidence presented. The applicant was absent for an extended period due to incarceration, with no clear indication of when he would return. He was notified of the incapacity hearing, represented by his union, and given an opportunity to make representations. The procedural fairness of the dismissal depended on the adequacy of the hearing held in absentia and whether any defects were rectified. The applicant did not actively pursue an…
Source excerpt
- Incapacity Dismissal
- Procedural Fairness
- Arbitration Review
- Employee Incarceration
- Right To Hearing