SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

Mr Moses, an employee of SSC Infrasek (Pty) Ltd, was dismissed for gross dishonesty after CCTV footage showed him taking a new cutter from the employer’s store and then removing a second-hand cutter from another shelf, which he presented to the logistics manager as his own in order to obtain the new cutter. Moses denied wrongdoing and did not admit guilt or show remorse. Other employees who had committed similar acts of dishonesty were not dismissed but were issued final written warnings after admitting their misconduct and apologising before disciplinary proceedings. An arbitrator at the CCMA found Moses guilty of dishonesty and held that the dismissal was procedurally fair, but nevertheless ruled that the dismissal was substantively unfair due to alleged inconsistency in sanction. The employer applied to the Labour Court to review and set aside the arbitration award.

The arbitration award was reviewed and set aside. It was substituted with a finding that the dismissal of the third respondent was substantively fair. No order as to costs was made.

The case clarifies the application of the principle of consistency in disciplinary sanctions under South African labour law. It confirms that differential sanctions for similar misconduct may be justified where employees can be distinguished by factors such as remorse, admission of guilt, and accountability. The judgment reinforces CCMA Guidelines and Labour Court authority on inconsistency and provides guidance to arbitrators on properly assessing mitigating factors in dishonesty cases.