A Labour Court in Cape Town sets aside a prior CCMA decision involving a former NSFAS accountant who was dismissed, after the matter is found to require a new arbitration. The court rules that the CCMA award that had considered the dismissal substantively unfair is not left intact, and it sends the dispute back to be heard again.
The case concerns the accountant’s alleged conduct of sending private work emails to her personal Gmail account. According to the court’s order, the dispute must be arbitrated afresh rather than being concluded on the existing record. The matter is therefore heard again before a different CCMA commissioner.
Different outlets focus on the procedural outcome rather than overturning the underlying allegation. The common thread is the court’s intervention in the labour process: it removes the earlier CCMA award and directs a new arbitration hearing, keeping the dismissal issue unresolved until the fresh arbitration is completed.
