CCI Call Centres (Pty) Ltd v Pinn (DA7/2024)
CCI Call Centres (Pty) Ltd v Pinn (DA7/2024) [2025] ZALAC 24; [2025] 8 BLLR 781 (LAC) (17 April 2025)
The Labour Appeal Court held that the Labour Court erred by applying an appeal standard rather than the correct review test, which requires deference to the arbitrator's decision unless it is one no reasonable decision-maker could reach. The arbitrator's refusal to reinstate the employee was reasonable, given the unchallenged evidence of serious misconduct and a complete breakdown in the employment relationship, particularly the loss of trust between the employee and his superior. The Labour Court failed to engage with this evidence and substituted its own view without justification. The appe…
Source excerpt
- Unfair Dismissal
- Reinstatement
- Intolerability Exception
- Remedies For Unfair Dismissal
- Review Of Arbitration Award