Quest Flexible Staffing Solutions (Pty) Ltd (division of Adcorp Fulfilment Services (Pty) Ltd) v Lebogate (JA104/13) [2014] ZALAC 55; [2015] 2 BLLR 105; (2015) 36 ILJ 968 (LAC) (21 October 2014) per Kathree-Setiloane AJA [Musi JA and Murphy AJA concurring]

Appeal allowed and Labour Court’s judgment set aside.

LAC summary:

Review of arbitration awards – Employee dismissed for misconduct – commissioner finding dismissal fair.  Labour Court finding dismissal not appropriate sanction- Labour setting aside award- Appeal.  Review test and distinction between appeal and review restated-review test a two stage enquiry – Labour Court failing to deal with the second leg of enquiry as to whether the commissioner failure to apply his mind affected the outcome of the proceedings thus rendering the award unreasonable- commissioner considering all factors into the appropriateness of the sanction- award reasonable.

 

“[1] Quest Flexible Staffing Solutions (Pty) Ltd (“the appellant”) appeals against the judgment of the Labour Court (Molahlehi J) in which it granted a review application brought by the respondent, and substituted the award of the Commissioner with an order that the respondent’s dismissal by the appellant was substantively unfair and that he be reinstated.”