Horn V Commissioner Beesnaar N.O and Others (JA66/2020)
Horn V Commissioner Beesnaar N.O and Others (JA66/2020) [2021] ZALAC 56; (2022) 43 ILJ 115 (LAC) (18 November 2021)
The Labour Appeal Court held that the appellant’s dismissal for assault was both substantively and procedurally fair. The misconduct, though occurring outside the mine premises, was directly relevant to the employment relationship and justified disciplinary action. The commissioner correctly found that the appellant, despite provocation, had a choice to leave the scene and failed to do so. The physical response was not justified by the provocation or self-defence, as the retaliation was not reasonable or proportional. The commissioner’s findings were reasonable and supported by the evidence,…
Source excerpt
- Unfair Dismissal
- Workplace Misconduct
- Provocation And Self Defence
- Disciplinary Procedure
- Review Of Arbitration Award