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South Africa decisions
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Emalahleni Local Municipality v Sibanyoni NO and Another (JR548/2018) [2019] ZALCJHB 111 (17 May 2019)
The Labour Court set aside a demotion imposed after a disciplinary hearing and substituted dismissal, finding the sanction irrational given findings of corruption and collusion.
MEC: Department of Health Western Cape v SAMA obo Kariem NO and Another (C150/17) [2018] ZALCCT 31 (19 September 2018)
The Labour Court reviewed a disciplinary chairperson’s acquittal on sexual assault, found the decision irrational, and substituted a dismissal.
Moodley v Department of National Treasury and Others (JA13/2016) [2017] ZALAC 5; [2017] 4 BLLR 337 (LAC); (2017) 38 ILJ 1098 (LAC) (10 January 2017)
The Labour Appeal Court held that the arbitrator's award was unreasonable because the arbitrator failed to consider section 193(2) of the LRA before ordering reinstatement. The arbitrator did not assess whether reinstatement was practicable or appropriate given the seriousness of the misconduct and its impact in the workplace. The Labour Court correctly reviewed the award under section 145 of the LRA, as awards of this kind are not subject to review under section 158(1)(h). The Court found no prejudice to the appellant from the procedural handling of the review application and condonation was…
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Toyota SA Motors (Pty) Ltd v Commission For Conciliation, Mediation & Arbitration and Others (D549/11) [2014] ZALCD 30 (9 July 2014)
The Labour Court found that the arbitrator's conclusion that Ziqubu was not guilty of misconduct was unreasonable, as the video evidence and testimony established that he did exert physical force on the security guards and interfered with their duties. However, the court also found that the misconduct was provoked by an insulting remark and was not of a nature or severity that warranted dismissal, given Ziqubu's clean disciplinary record, long service, and subsequent compliance. The appropriate sanction was a final written warning for both acts of misconduct, with reinstatement limited in ret…
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Overstrand Municipality v Magerman NO and Another (C86/2013) [2013] ZALCCT 58 (28 October 2013)
The Labour Court has jurisdiction under section 158(1)(h) of the LRA to review disciplinary findings imposed by a chairperson acting under a collective agreement in local government. The chairperson's sanction of suspension without pay and a final written warning for serious misconduct involving dishonesty was irrational and unreasonable, given the employee's senior position and the gravity of the misconduct. The mitigating factors considered by the chairperson did not outweigh the operational need for exemplary conduct and trustworthiness in law enforcement. The evidence established that the…
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Top Security (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR519/09) [2011] ZALCJHB 93; [2012] 3 BLLR 311 (LC); (2012) 33 ILJ 992 (LC) (4 November 2011)
The court held that the Commissioner performed his duty as required by law and, based on the facts and circumstances presented, found the sanction of dismissal to be too harsh. The Commissioner substituted the dismissal with a final written warning and ordered back pay. The reviewing court found that, although the Commissioner may have been wrong, the test is not correctness but reasonableness. The decision was found to be within the range of reasonable outcomes and did not warrant interference. The application was treated as unopposed due to the absence of an answering affidavit and late fil…
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Lamastra v National Commissioner of Police and Another (C641/2009) [2011] ZALCCT 79 (4 February 2011)
The Labour Court granted leave to appeal after reviewing a dismissal sanction and rejecting condonation for late filings, citing uncertainty over reviewability of internal discipline.
National Commissioner Of Police and Another v Senior Superintendent Harri NO and Another (C641/2009) [2010] ZALCCT 4 (19 November 2010)
Labour Court reviewed a SAPS disciplinary award, finding the sanction for serious misconduct by a senior police officer grossly unreasonable and substituting dismissal.
National Commissioner of Police and Another v Harri NO and Another (C 641/2009) [2010] ZALC 176; (2011) 32 ILJ 1175 (LC) (19 November 2010)
The court found that the chairperson's decision in the disciplinary enquiry constituted administrative action and was reviewable under section 158(1)(h) of the Labour Relations Act. The sanction imposed—a fine and suspended dismissal—was grossly unreasonable given the seriousness of the misconduct, the employee's position of trust, and the lack of remorse. The chairperson failed to apply his mind properly to the facts and the requirements of the police service. The court held that the only reasonable sanction was dismissal and, given the full record and the prejudice caused by delay, substitu…
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National Commissioner of Police and Another v Harri NO and Another (C641/2009) [2010] ZALCCT 30 (19 November 2010)
Labour Court review of a police disciplinary sanction for theft by a senior officer; condonation refused, and the lenient sanction was replaced with dismissal.
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