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South Africa decisions
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Abrahams v van Wyk N.O and Others (PR40-23) [2024] ZALCPE 15 (25 April 2024)
The Labour Court dismissed an application to reinstate a review deemed withdrawn for late filing, finding no proper explanation and no prospects of success.
Solidarity and Another v South Bakels (Pty) Ltd and Others (JR1587/22) [2024] ZALCJHB 91 (1 March 2024)
The Labour Court found that the commissioner failed to properly, rationally, and justifiably apply his mind to the facts and evidence presented. The commissioner ignored relevant evidence, failed to assess the credibility of witnesses, and did not consider the absence of a formal company policy regarding parking bay allocation. The evidence did not support a finding of gross dishonesty or intentional misconduct by the Second Applicant, who showed remorse and rectified her mistake promptly. The commissioner’s finding was disconnected from the evidence and not one that a reasonable decision-mak…
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National Lotteries Commission v Mafonjo and Another (JR 48/2020) [2023] ZALCJHB 184; [2023] 9 BLLR 970 (LC); (2023) 44 ILJ 1991 (LC) (23 June 2023)
The court found that the chairperson's ruling to suspend the dismissal of Ms Mafonjo for ten years was irrational, unlawful, and inconsistent with both the employer's disciplinary policy and established legal principles. The disciplinary policy prescribes dismissal as the only sanction for gross dishonesty and breach of confidentiality, and there is no provision for suspended dismissal. The chairperson's reliance on personal circumstances was misplaced, as such factors do not outweigh the seriousness of the misconduct or the operational need for trust in the employment relationship. The parit…
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Elundini Local Municipality v South African Local Government Bargaining Council (PR 21/21) [2022] ZALCPE 7 (11 May 2022)
Labour Court review of an arbitration award concerning dismissal for gross negligence and dishonesty in handling a tender email.
Ismail v South African Local Government Bargaining Council and Others (C836/2019) [2021] ZALCCT 96 (13 December 2021)
Late review of an unfair dismissal arbitration award was refused: the delay was inadequately explained and the review prospects were poor.
National Union of Mine Workers obo Mataboge and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2137/17) [2021] ZALCJHB 389 (19 October 2021)
The Labour Court dismissed a review of an arbitration award upholding the dismissal of two security employees for inadequate searches and gross dishonesty.
Moen v Qube Systems Proprietary Limited and Others (JA107/2015) [2017] ZALAC 31; [2017] 11 BLLR 1096 (LAC); (2017) 38 ILJ 2712 (LAC) (31 May 2017)
The Labour Court erred by applying an incorrect test for review, conflating the standards for review and appeal. The proper test is whether the arbitrator's decision is one that a reasonable decision-maker could not reach. The evidence did not establish that the appellant acted with gross dishonesty or misconduct in activating the SMS notification service; the bank error was not attributable to him. The company resolution relied upon by the respondents did not cover the in-contact facility for credit cards. The arbitrator's finding that the dismissal was substantively and procedurally unfair…
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SAMWU obo Seanego v SALGBC and Others (JR 436/15) [2016] ZALCJHB 364 (27 September 2016)
The Labour Court partly reviewed an arbitration award on a dismissal for alleged fraud and dishonesty over an altered settlement agreement.
Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14) [2016] ZALCJHB 181 (17 May 2016)
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.
Denel Soc Lilited t/a Denel Aviation and Another v Mafalo and Another (39859/2015) [2016] ZAGPPHC 284 (9 March 2016)
The court found that the overpayment to the first respondent was the result of a bona fide clerical error and that the requirements for the application of conditio indebiti were satisfied. The first respondent failed to provide a credible explanation for his conduct after receiving the funds and did not act in good faith. The defence of non-enrichment was rejected, as the respondent did not adequately account for the use of the funds and his account was frozen only after notification of the error. The court held that the applicants were entitled to recover the overpaid amount and that the pen…
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