Herholdt v Nedbank Ltd (701/2012)
Herholdt v Nedbank Ltd (701/2012) [2013] ZASCA 97; 2013 (6) SA 224 (SCA); [2013] 11 BLLR 1074 (SCA); (2013) 34 ILJ 2795 (SCA) (5 September 2013)
The Supreme Court of Appeal held that the Labour Court and Labour Appeal Court correctly set aside the CCMA arbitrator's award. The arbitrator had not misconceived the nature of the enquiry, but her conclusion that the appellant was not dishonest was not one that a reasonable decision-maker could reach on the evidence. The court reaffirmed that the grounds for review under section 145(2)(a) of the Labour Relations Act are narrow and must be interpreted in light of the constitutional standard of reasonableness as set out in Sidumo. Material errors of fact or law are only relevant if they rende…
Source excerpt
- Ccma Review
- Gross Irregularity
- Unreasonableness Test
- Conflict Of Interest
- Dishonesty
- Dismissal Dispute