Zapop (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA21/2014)
Zapop (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA21/2014) [2016] ZALAC 16; (2016) 37 ILJ 1882 (LAC); [2016] 9 BLLR 910 (LAC) (12 May 2016)
The Labour Appeal Court held that the arbitrator's finding of unfair dismissal was reasonable and met the Sidumo test. The disclosure of confidential information and disparaging remarks, while constituting misconduct, did not warrant dismissal given the absence of actual harm, the trivial nature of the remarks, and the passage of time. The arbitrator had jurisdiction to adjudicate commission claims under section 74(2) of the BCEA, as commission forms part of remuneration. No forfeiture clause or consistent practice barred Cunningham's entitlement to commission earned prior to dismissal but pa…
Source excerpt
- Unfair Dismissal
- Remuneration Claims
- Commission Payments
- Jurisdiction Of Ccma
- Interpretation Of Bcea
- Compensation Awards