Doorgesh Harrinarain v CCMA (SABS Commercial) (CA4/2014; C965/2011) [2015] ZALAC 44 (6 November 2015) per CJ Musi JA [Waglay JP and Savage AJA concurring]
The Labour Appeal Court disallowed the appeal and upheld the finding of the Labour Court (Rabkin-Naicker J) that the employee had effectively accepted the award and forfeited any right to review it.
LAC summary: Review of award – employee dismissed for insubordination for defying manager authority and failing to carry out reasonable and lawful instruction – commissioner finding dismissal substantive unfair but procedurally fair – employee awarded compensation – commissioner award falling within the ban of reasonableness – Rule related to peremption restated – conduct of an unsuccessful litigant must point indubitably to the conclusion that he does not intend to attack the judgment – onus on the party alleging peremption to prove it – employee accepting payment for compensation but seeking review of the award – employee not accepting award. Appeal dismissed.