Article 32/2021

Labour Edge

To what extent is a commissioner permitted to rely on the employer’s decision in determining whether or not a dismissal is fair?


The labour court recently, in De Kock v CCMA and Others (2019) 30 SALLR 177 (LC), relied on the following approach adopted in Wasteman Group v SA Municipal Workers Union and Others (2012) 33 ILJ 2054 (LAC), at 2057G–I, to emphasise the requirement of an independent decision by such commissioner:

‘…The commissioner is required to come to an independent decision as to whether the employer’s decision was fair in the circumstances, these circumstances being established by the factual matrix confronting the commissioner…’

What is the viewpoint of the labour appeal court, as expressed in SA Municipal Workers’ Union obo Morwe v Tswaing Local Municipality and Another [2023] 2 BLLR 131 (LAC); (2022) 33 SALLR 60 (LAC)?

An employer set out its employees’ rights in disciplinary hearings in the applicable disciplinary code and incorporated same into their employment contracts.

What are the options available to an employee when an employer allegedly owes such employee monies in terms of a contract of employment?