The Labour Appeal Court dismissed an appeal about the fairness of a dismissal. It held that the Commissioner did not commit a gross irregularity by treating the evidence as showing the true reason for dismissal, even though that conduct was not set out as a separate charge. The judgment also records that the appellant was a senior HR manager and that the appeal concerned conduct on 6 July 2017.
This may be relevant to labour law practitioners dealing with dismissal arbitration and the treatment of evidence that is not expressly framed as a separate disciplinary charge.
Evidence from source
The appeal is with leave of the Labour Court.
Supports: The matter was an appeal in the Labour Appeal Court
The appeal is dismissed.
Supports: The court dismissed the appeal