NUMSA obo Ngqulu and Another v Eskom SOC Ltd and Others (C411/2020) [2023] ZALCCT 51 (22 August 2023)
Court
Labour Court Cape Town
Case number
C411/2020
Judge
Lagrange
Labour Court review dismissed: dismissal for unauthorised possession and removal of scrap cable was upheld despite flaws in the arbitrator’s reasoning.
Anglogold Ashanti Limited v Association of Mineworkers and Construction Union obo Dlungane and Others (JR2099/16) [2020] ZALCJHB 46 (20 February 2020)
Court
Labour Court Johannesburg
Case number
JR2099/16
Judge
P Nkutha-Nkontwana
The Labour Court set aside a CCMA award, holding that the commissioner misconceived the enquiry and that Dlungane’s dismissal was substantively fair.
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…
Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14) [2016] ZALCJHB 181 (17 May 2016)
Court
Labour Court Johannesburg
Case number
JR 740/14
Judge
Lagrange
The Labour Court reviewed and set aside an arbitration award after finding the employee's denial insufficient against corroborated evidence of possession and failure to report.
Massbuild (Pty) Ltd t/a Builders Warehouse v Commission for Conciliation, Mediation And Arbitration and Others (JR1685/12) [2015] ZALCJHB 234 (4 August 2015)
Court
Labour Court Johannesburg
Case number
JR1685/12
Judge
Myburgh, AJ
The Labour Court set aside a CCMA award after finding the commissioner unreasonably rejected proof that the employee possessed company property without authorisation.