South Africa Case Law

Qalinga v Commission for Conciliation Mediation and Arbitration and Others (PA5/17)

Qalinga v Commission for Conciliation Mediation and Arbitration and Others (PA5/17) [2018] ZALAC 32; [2019] 1 BLLR 40 (LAC) (17 October 2018)

Court

Labour Appeal Court

Case number

PA5/17

Judges

Phatshoane, Sutherland, Kathree-Setiloane

The Labour Appeal Court found that the arbitrator's decision to uphold the dismissal was reasonable and supported by the evidence. The appellant had sole practical access to the storeroom and concealed company stock in various locations, which could not be satisfactorily explained. The absence of an express rule about concealment was immaterial, as the conduct fell under the established prohibition against unauthorised possession. The appellant's persistent acts of dishonesty, lack of remorse, and the trust-based nature of his position justified the sanction of dismissal, despite his long ser…

Source excerpt

• Unauthorised Possession
• Dishonesty In Employment
• Dismissal For Misconduct
• Arbitration Review
• Trust And Confidence
• Sanction For Misconduct

Rainbow Farms (Pty) Limited v Dorasamy and Others (D303/11)

Rainbow Farms (Pty) Limited v Dorasamy and Others (D303/11) [2014] ZALCD 2; (2014) 35 ILJ 3462 (LC) (25 February 2014)

Court

Labour Court Durban

Case number

D303/11

Judge

Cele

The court found that the third respondent's inclusion of the Business Administration degree in her CV, without clarifying its incomplete status, constituted a misrepresentation. The conventional practice is to list the year as the date of conferment, and the third respondent followed this for other qualifications. Her failure to amend the Business Administration entry, despite being prompted to correct another qualification, demonstrated a lack of candour. The arbitrator's finding that the employer should have discovered the truth by checking personnel files was legally incorrect; it is not a…

Source excerpt

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Misrepresentation
• Trust And Confidence

Theewaterskloof Municipality v South African Local Government Bargaining Council (Western Cape) and Others (C966/2008)

Theewaterskloof Municipality v South African Local Government Bargaining Council (Western Cape) and Others (C966/2008) [2010] ZALC 69; (2010) 31 ILJ 2475 (LC) ; [2010] 11 BLLR 1216 (LC) (14 May 2010)

Court

Labour Court

Case number

C966/2008

Judge

K S Tip

The Labour Court upheld the dismissal of a senior municipal manager who knowingly kept and spent overpaid transport allowance funds and showed no remorse.

• Dismissal For Misconduct
• Trust And Confidence
• Progressive Discipline
• Municipal Finance Management
• Remorse And Reinstatement
• Dismissal-for-misconduct

Council for Scientific and Industrial Research v Fijen (314/94)

Council for Scientific and Industrial Research v Fijen (314/94) [1995] ZASCA 143; 1996 (2) SA 1 (SCA); [1996] 2 All SA 379 (A); [1996] 6 BLLR 685 (AD); (1996) 17 ILJ 18 (A) (24 November 1995)

Court

Supreme Court of Appeal

Case number

314/94

Judges

Van Heerden, Smalberger, Van den Heever, Harms, Olivier

The court held that the employee’s correspondence destroyed trust and confidence and justified dismissal. The appeal was upheld and the labour award set aside.

• Unfair Dismissal
• Repudiation Of Employment Contract
• Procedural Fairness
• Trust And Confidence
• Disciplinary Code
• Unfair-dismissal