South Africa Case Law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

SASBO-The Finance Union and Another v Standard Bank and Others (JA32/2021)

SASBO-The Finance Union and Another v Standard Bank and Others (JA32/2021) [2022] ZALAC 100; (2022) 43 ILJ 1794 (LAC); [2022] 10 BLLR 934 (LAC) (17 May 2022)

Court

Labour Appeal Court

Case number

JA32/2021

Judges

Phatshoane, Savage, Phatudi

The Labour Appeal Court held that the CCMA commissioner misdirected himself by focusing on whether theft or fraud had occurred, rather than assessing whether Ms Frazenburg’s conduct constituted dishonesty through falsification of bank records. The evidence showed that Ms Frazenburg deliberately recorded a false balance, knowing it was incorrect, and failed to count the money in her safe as required. Her actions were not mere negligence but a conscious decision to mislead the bank, breaching the trust and fidelity expected in the banking sector. The commissioner’s finding that her conduct was…

Source excerpt

• Dishonesty In Employment
• Falsification Of Records
• Unfair Dismissal
• Fiduciary Duty
• Substantive Fairness
• Disciplinary Code