Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

Mr Ronny Mogapi was employed by Sylvania Metals (Pty) Ltd as a community liaison officer. He was dismissed after allegations that on 24 March 2021 he attempted to solicit a bribe of R50 000 from Mal Mowers, a contractor, in exchange for ensuring that the contractor would be awarded a paving contract at Sylvania’s plant. Mr Maluleke, a director of Mal Mowers, testified that Mr Mogapi approached him with this proposal, and his evidence was corroborated by Mr Gomane, another Mal Mowers employee who overheard the interaction. Mr Mogapi denied soliciting a bribe, contending that the paving project fell outside his portfolio and that he had no influence over tenders. The CCMA commissioner found the dismissal substantively unfair and ordered retrospective reinstatement. Sylvania brought a review application to the Labour Court.

The arbitration award was reviewed and set aside and substituted with an order that Mr Mogapi’s dismissal was substantively fair. No order as to costs was made.

This case reaffirms the Labour Court’s supervisory role over CCMA arbitration awards and clarifies the application of the reasonableness test on review. It underscores that bribery and dishonesty constitute serious misconduct justifying dismissal, and that commissioners must properly evaluate probabilities, corroboration, and absence of motive when assessing credibility. The judgment also reiterates that an arbitration award cannot be set aside merely by consent of the parties.