South Africa Case Law

AEL Mining Services Ltd v Sishonga and Others (JR1208/18)

AEL Mining Services Ltd v Sishonga and Others (JR1208/18) [2025] ZALCJHB 51 (4 February 2025)

Court

Labour Court Johannesburg

Case number

JR1208/18

Judge

Molotsi

The commissioner misconceived the nature of the dispute by focusing on the criminal definition of theft rather than the employee's failure to report the misconduct. The material evidence established that the employee was aware of Masindi's intention to steal and failed to inform management, which was the crux of the charge. By ignoring relevant evidence and focusing on irrelevant considerations, the commissioner produced an unreasonable outcome. The arbitration award was disconnected from the evidence and must be set aside. The matter is remitted for a fresh hearing before a different commiss…

Source excerpt

• Unfair Dismissal
• Failure To Report Misconduct
• Substantive Fairness
• Arbitration Review
• Code Of Good Practice

Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14)

Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14) [2016] ZALCJHB 181 (17 May 2016)

Court

Labour Court Johannesburg

Case number

JR 740/14

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award after finding the employee's denial insufficient against corroborated evidence of possession and failure to report.

• Review Of Arbitration Award
• Gross Dishonesty
• Unauthorised Possession
• Failure To Report Misconduct
• Rule 11 Dismissal Application
• Labour-law