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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 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.