A South African Labour Court sets aside a CCMA award relating to a mechanic’s dismissal. The court finds the dismissal is substantively fair but procedurally unfair, and it declines to order compensation.
According to the ruling, the case focuses on the mechanic’s conduct, including the allegation that he fitted the wrong clutch plate and the court’s view of how he handled or used work tools. The CCMA had previously found the dismissal both substantively and procedurally unfair, but the Labour Court overturns that conclusion on the substantive aspect.
The outcome reflects a narrower finding from the Labour Court: even though it agrees with the employer’s assessment of the underlying misconduct, it determines that the process followed in dismissing the employee did not meet procedural requirements. Because of that balance, the court does not grant compensation, despite setting aside the CCMA decision.
