Department of Health (North West Province) v Strydom and Others

The first respondent, Ms Thersia Strydom, was a senior food services manager responsible for catering services at two provincial hospitals in the North West Province. She, together with several subordinates and a private service provider, participated in a fraudulent scheme involving the inflation of food expense records to generate surplus funds. These funds were used partly to purchase hospital equipment and partly for personal benefits, including cash and perks for those involved. Following disciplinary proceedings, Ms Strydom was dismissed for serious misconduct involving dishonesty, while her subordinates received final written warnings and deductions of one month’s salary. An arbitrator upheld the dismissal. On review, the Labour Court confirmed the finding of guilt but set aside the sanction of dismissal on the basis of alleged inconsistency of discipline and ordered the matter remitted for reconsideration of sanction, also granting a costs order against the employer.

The appeal was upheld. The judgment of the Labour Court was set aside in its entirety. The arbitrator’s award of 30 May 2010, upholding Ms Strydom’s dismissal, was confirmed. No order was made as to costs, including the costs of the appeal.

The case reaffirms the limited scope of judicial interference with arbitration awards under the Sidumo reasonableness test and clarifies that differentiation in disciplinary sanctions is permissible where justified by role, seniority, and degree of culpability. It also reinforces the Constitutional Court’s guidance in Zungu on the cautious and fairness-based approach to costs orders in labour matters.