Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

Fraser Alexander (Pty) Ltd employed two employees, Mr Mndeni Dubazane and Mr Titano Shashape, as general workers responsible for tailings deposition operations. During a night shift on 26 August 2020, a slurry spillage occurred. The employees were charged with gross negligence for neglecting deposition points while at work. They pleaded guilty at an internal disciplinary hearing and were dismissed. The employees referred an unfair dismissal dispute to the CCMA, where the commissioner found the dismissal substantively unfair and ordered reinstatement. Fraser Alexander launched a review application in the Labour Court to set aside the arbitration award.

The review application was upheld. The CCMA arbitration award dated 21 May 2021 was reviewed and set aside and substituted with a finding that the dismissal of the two employees was substantively fair. No order as to costs was made.

The case reinforces the application of the Sidumo reasonableness test in Labour Court reviews and illustrates how a commissioner’s misconception of the nature of a workplace rule and failure to consider material evidence can render an arbitration award unreasonable. It also confirms the Labour Court’s power to substitute an award where the record is complete.