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Article 11/2025

The labour appeal court, in Goldfields Mining SA (Pty) Ltd (Kloof Gold Mine) v CCMA (2013) 24 SALLR 41 (LAC), firstly, identified the questions to be avoided when a matter is taken on review and, secondly, the questions to be asked during a review process.

What are these respective questions to be asked in avoiding a piecemeal approach to the factors to determine unreasonableness?

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QUESTIONS TO BE AVOIDED

  • Failure to mention a material fact in the award?
  • Does the award fail to deal with an issue that has a material bearing on the dispute?
  • Failure to evaluate or consider facts presented at the arbitration?

QUESTIONS TO BE ASKED

  • Were the parties given a full opportunity to have their say with regard to the dispute?
  • Did the arbitrator correctly identify the dispute required to be arbitrated?
  • Did the arbitrator understand the nature of the dispute required to be arbitrated?
  • Did the arbitrator deal with the substantive merits of the dispute?
  • Is the decision one that another arbitrator could reasonably arrive at, based on the evidence presented?
September 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

August 31, 2026

What is the difference between desertion and abscondment?

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?