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Article 10/2025

What is the ‘short’ reasonable decision-maker test formulated by the LAC in Goldfields Mining SA (Pty) Ltd (Kloof Gold Mine) v CCMA (2013) 24 SALLR 41 (LAC), and so repeatedly being applied?

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A reviewing court must ascertain:

  • whether the arbitrator considered the principal issue before him/her
  • whether the arbitrator evaluated the facts presented at the arbitration
  • whether the arbitrator came to a conclusion that a reasonable decision-maker could have come to
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?