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Article 13/2025

In the preceding articles, we have dealt with the reasonable decision-maker test introduced by Sidumo v Rustenburg Platinum Mines Ltd the CCMA and Moropa NO
(2008) 19 SALLR 35 (CC).

But, there is also another test to be applied in review proceedings. The aim of this article is to highlight the approach to be adopted to determine which test is to be applied on review.
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  1. In essence, the dispute to be resolved determines the test to be applied. (Jonsson Uniform Solutions (Pty) Ltd v Brown and Others (DA10/2012)
    (13 February 2014)
  2. If legal or jurisdictional findings are challenged, the reasonable decision-maker test is not to be applied, but the correctness test is to be applied, so formulated in, inter alia, SA Rugby Players Association and Others v SA Rugby (Pty) Ltd and Others [2008] 9 BLLR 845 (LAC).
  3. If the factual findings of the arbitrator are challenged on review, then the reasonable decision-maker test, as formulated in the Sidumo judgment, is to be applied.
  4. On the other hand, if, on review, the legal or jurisdictional issues are inextricably linked to the factual findings, then the reasonable decision-maker test, as formulated in the Sidumo judgment, is to be applied.

See, further, Pikitup Johannesburg (Soc) Ltd v Muguto and Others (2019) 30 SALLR 186 (LC).

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?