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Endumeni Local Municipality v Mbatha and Another (D117/2021) [2021] ZALCD 73 (17 August 2021)
The Labour Court reviewed and set aside a final written warning imposed in a municipal disciplinary matter, finding the sanction irrational and remitting the issue.
Eskom Holdings SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR430/15) [2016] ZALCJHB 320 (23 August 2016)
The court found that the arbitrator did consider the employer's reliance on Leiee leaving his enquiry and the lack of remorse as factors in the decision to dismiss. However, the arbitrator was not persuaded that these factors justified the significant disparity in sanctions compared to other employees who committed similar misconduct. The arbitrator's decision was based on the principle of consistent application of discipline and the importance of compliance with safety procedures. The court held that the applicant failed to demonstrate that the arbitrator's finding was irrational or unreason…
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