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The High Court upheld the dismissal of a labour revision challenging termination for gross negligence in failing to report a child abuse incident.
The Applicant admitted to the acts constituting gross negligence, including authorizing transactions without proper verification and using another employee's credentials. The Respondent proved the misconduct, and the Arbitrator's decision was justified. The absence of a criminal case does not preclude termination for negligence under employment law.
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Applicant's conduct amounted to negligence but not wilful and gross negligence; termination was not appropriate sanction, final written warning was justified; procedural fairness was violated by failure to provide investigation report; appellate committee provided reasons but termination was disproportionate.
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Termination was substantively fair due to proven gross negligence, but procedurally unfair as Applicant was not served with investigation report prior to disciplinary hearing, infringing right to be heard.
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The High Court revised a labour award, holding that the bank failed to prove gross negligence against the applicants and awarding each 12 months' salary compensation.
The court found that there was no valid reason for termination as the respondent was not responsible for authorizing or effecting the payment in question, and that the procedure was also unfair because the complainant participated in the disciplinary committee. Therefore, the termination was both substantively and procedurally unfair, justifying the remedies awarded by the CMA.
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The applicant's termination was both substantively and procedurally fair as the evidence established gross negligence due to operating machinery under the influence of alcohol, and the respondent followed the required procedures for termination.
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The High Court set aside a CMA award, finding no valid proof of gross negligence or breach of a proven policy in the termination of a fixed-term employee.
High Court labour revision on alleged unfair termination for gross negligence. The court upheld the employer’s termination decision, quashed compensation, and dismissed reinstatement.
The applicant's termination was both substantively and procedurally fair as valid reasons for misconduct and gross negligence existed, investigation was conducted, and the applicant was afforded the right to be heard.
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