San Contracting Services (Pty) Ltd v Kganyago and Others (JR2720/13) [2016] ZALCJHB 476 (27 May 2016)
Court
Labour Court Johannesburg
Case number
JR2720/13
Judge
Van Niekerk
On review of an arbitration award, the Labour Court upheld reinstatement after assault dismissal, finding the commissioner could treat provocation as mitigation.
Metro Cash And Carry Limited v Le Roux N.O and Others (P146/98) [1998] ZALC 122 (2 December 1998)
Court
Labour Court
Case number
P146/98
Judge
D A Basson
The court held that while it may not agree with the arbitrator's conclusion, its role on review is not to substitute its own opinion but to determine whether the award is justifiable in relation to the reasons given. The arbitrator found that the employee exceeded the bounds of self-defence but was subject to extreme provocation. The arbitrator imposed a penalty by making reinstatement retrospective only to a later date, resulting in a loss of salary. The court found that the arbitrator's reasoning was rational and justifiable, and that the mitigating circumstances warranted a departure from…