Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15)
Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15) [2018] ZALCJHB 21 (30 January 2018)
The court found that the Commissioner failed to apply his mind to material facts and rules, including the employees' awareness of safety procedures, the absence of a justifiable excuse for non-compliance, and the disciplinary code's prescription of dismissal for such offences. The evidence established that the employees breached lockout, isolator, and risk assessment requirements without justification. The Commissioner unreasonably substituted the prescribed sanction with a final warning, which was not supported by the facts or the code. The arbitration award was thus set aside and replaced w…
Source excerpt
- Substantive Fairness Of Dismissal
- Health And Safety Compliance
- Disciplinary Code Application
- Arbitration Review
- Risk Assessment Requirements