South Africa Case Law

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019)

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019) [2021] ZALCCT 53; (2021) 42 ILJ 2473 (LC) (13 August 2021)

Court

Labour Court Cape Town

Case number

C214/2019

Judge

Lagrange

Labour Court review of a CCMA award in a dishonesty dismissal case, holding that remorse and admission of guilt can justify different sanctions.

• Dismissal For Dishonesty
• Inconsistency In Sanction
• Remorse As Mitigation
• Substantive Fairness
• Ccma Guidelines On Misconduct
• Dismissal-for-dishonesty

Emfuleni Local Municipality v SALGBC and Others (JR2525/11)

Emfuleni Local Municipality v SALGBC and Others (JR2525/11) [2015] ZALCJHB 356 (14 October 2015)

Court

Labour Court Johannesburg

Case number

JR2525/11

Judge

Whitcher

The court found that the arbitrator committed material errors in evaluating the evidence and applying the law. The applicant established a prima facie case of misconduct and dishonesty by proving that 29 fines were unlawfully cancelled using the employee's credentials, that the employee was present at work, and that she pleaded guilty at the disciplinary hearing. The employee's explanations were vague, inconsistent, and unsupported by credible evidence. The arbitrator's finding of inconsistency in disciplinary sanctions was based on irrelevant comparators and denied the applicant a fair heari…

Source excerpt

• Unfair Dismissal
• Disciplinary Procedure
• Evidentiary Burden
• Inconsistency In Sanction
• Procedural Fairness

Riba v Negota and Others (JR 1071/11)

Riba v Negota and Others (JR 1071/11) [2015] ZALCJHB 63 (27 February 2015)

Court

Labour Court Johannesburg

Case number

JR 1071/11

Judge

Lallie

The Labour Court dismissed a review of a CCMA award and upheld a dismissal for misconduct in recruitment interviews, finding the commissioner’s decision reasonable.

• Unfair Dismissal
• Disciplinary Procedure
• Review Of Arbitration Award
• Inconsistency In Sanction
• Unfair-dismissal
• Review-of-arbitration-award

City Express Stores (Pty) Ltd v Mokhothu (J884/00)

City Express Stores (Pty) Ltd v Mokhothu (J884/00) [2001] ZALC 115 (2 August 2001)

Court

Labour Court

Case number

J884/00

Judge

A A Landman

The Labour Court reviewed and set aside a CCMA award, finding theft had not been proved and that the commissioner misdirected himself on sanction inconsistency.

• Unfair Dismissal
• Review Of Arbitration Award
• Burden Of Proof
• Inconsistency In Sanction
• Labour-law
• Unfair-dismissal