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Case Law

 

 

Our extensive case law library provides you practical knowledge within the South African labour law industry. Cases in this library range from terminations to sick leave and unfair dismissals. Below is an example of a case dealing with misconduct.

 

 

Case No.

JA41/00

Date of Judgment

29 June 2001

Date Heard

Not indicated

Presiding Officer

Zondo JP, Van Dijkhorst AJA et Comrie AJA

Court

Labour Appeal Court, Johannesburg

 

Judgment

Van Dijkhorst AJA

[1] The fourth respondent, then employed by the appellant, was found guilty of misconduct in terms of the appellant's disciplinary policy and procedures (the code) in that on 12 August 1998 and as a member of the union's negotiating team, which was negotiating with management in respect of a strike, he had threatened the management negotiating team (management) by stating: "You can treat this as a threat - there will be more blood on your hands." Intimidation is in terms of the appellant's code an offence which may lead to dismissal. He was dismissed. The second respondent, sitting as arbitrator under the auspices of the first respondent, found that the dismissal was substantively unfair and ordered his reinstatement. An application for review by the appellant to the Labour Court was dismissed with costs. Hence this appeal.

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