Jacobs v KwaZulu-Natal Treasury (DA7/20)
Jacobs v KwaZulu-Natal Treasury (DA7/20) [2021] ZALAC 50; [2022] 3 BLLR 269 (LAC); (2022) 43 ILJ 1286 (LAC) (9 December 2021)
The Labour Appeal Court found that the evidence established the minutes of the selection panel were amended, corroborated by both the appellant and the respondent's witness, Mr Parthab. The respondent conceded this fact in oral argument. The appellant's affidavit was therefore truthful, and her disclosure in legal proceedings did not breach the confidentiality agreement. The arbitration award upholding the dismissal was not one a reasonable decision-maker could have made, and the Labour Court erred in refusing to interfere with the arbitrator's finding. The confidentiality agreement cannot be…
Source excerpt
- Unfair Dismissal
- Confidentiality Agreement
- Review Of Arbitration Award
- Truthfulness Of Evidence