BP Southern Africa (Pty) Ltd v NBCCI (JR2004/12) [2015] ZALCJHB 179 (11 June 2015) per Tlhotlhalemaje AJ
The Labour Court reviewed and set aside an award and held that the dismissal was completely fair. The employee had been reinstated with retrospective effect from the date of his dismissal and awarded back pay of R49 000.00, coupled with a final written warning valid for six months provided he did not abuse his sick leave. If he did further disciplinary action would be taken against him and he could be dismissed. The Labour Court held that the Commissioner went on a frolic of his own and completely misconstrued the nature of the enquiry based on the reason for the dismissal and the evidence adduced by the employer. He raised the issue of whether the core reason was not incapacity due to alcohol abuse and whether the employee should undergo rehabilitation treatment for alcohol abuse.