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South Africa decisions
Decisions matching the current search
Somi v Transnet Bargaining Council and Others (PR171/23) [2024] ZALCPE 40 (2 October 2024)
Labour Court review of a pre-dismissal arbitration award. Dismissal was set aside and replaced with a final written warning, with limited reinstatement relief.
NUMSA and Another v CCMA and Others (PR46/18) [2020] ZALCPE 8 (7 February 2020)
The Labour Court dismissed a review of a CCMA arbitration award, holding that the dismissal sanction for deliberate scrap production and dishonesty was reasonable.
NUMSA and Ditchaba v CCMA and Others (PR46/18) [2020] ZALCPE 3 (7 February 2020)
The Labour Court dismissed a review of a CCMA arbitration award, holding that dismissal for deliberate scrap production was fair and the arbitrator made no reviewable irregularity.
Mphahlele v Coreslab (JR759/12) [2017] ZALCJHB 130 (12 April 2017)
The Labour Court reviewed and set aside an arbitration award, finding the dismissal fair after holding that the commissioner failed to weigh relevant factors properly.
Massdiscounters v Kondiah and Others (DA6/2012) [2015] ZALAC 121 (13 February 2015)
The Labour Appeal Court held that a commissioner’s double-jeopardy finding was wrong and that dismissal for fraudulent warranty sales was fair.
Department of Labour v General Public Service Sectoral Bargaining Council and Others (JR 2262/12) [2014] ZALCJHB 487; (2015) 36 ILJ 1575 (LC) (19 December 2014)
Labour Court dismissed a review of a disciplinary arbitration award, finding no reviewable irregularity where key explanations were not placed before the arbitrator.
National Petroleum Refineries (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (JR 2799/11) [2013] ZALCJHB 280 (29 October 2013)
Labour Court review of an arbitration award in a dismissal dispute. The court held the commissioner overlooked key aggravating factors and restored the dismissal.
Mohlake v Shadlow NO and Others (JR 1282/09) [2011] ZALCJHB 132 (23 June 2011)
Review of a CCMA award upholding dismissal for dishonesty and unauthorised consumption of company property was dismissed.
MTSA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1376/06) [2009] ZALCJHB 7 (30 October 2009)
The court found that the applicant failed to demonstrate any prejudice resulting from the commissioner's failure to conduct an inspection in loco. The commissioner gave both parties a fair hearing and correctly assessed the evidence, finding the employee guilty of breaching procedure but not of dishonesty. The commissioner was entitled to determine the fairness of the sanction and, considering the employee's long service and clean record, reasonably concluded that dismissal was unfair. The applicant did not establish a basis for the court to interfere with the arbitration award, and the appli…
Source excerpt
UNISA v Solidarity obo Marshall and Others (JR197/08) [2009] ZALC 82; [2009] 5 BLLR 510 (LC); (2009) 30 ILJ 2146 (LC) (13 January 2009)
Labour Court review of an arbitration award on a disciplinary suspension. The court upheld the award, finding no reviewable irregularity or unreasonableness.
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