Humbulani Richard Sandani v Commission for Conciliation, Mediation and Arbitration and Others

The applicant was employed by Western Chrome Mines as a Mineral Resource Specialist: Geology from February 2017. In October 2017 he sustained a serious back injury while working underground. Following extensive medical treatment, rehabilitation and consultations with various specialists, he was repeatedly assessed as unable to perform his duties. Although he was temporarily accommodated with surface work in March 2018, he could not cope even with the adapted duties. In January 2019 he was categorised as permanently unfit for work in the mining environment and accepted this categorisation by signing the disability notification. He remained on full pay and benefits for approximately two years and nine months after his injury. He received compensation from Rand Mutual Assurance and a medical separation package from the employer. His employment was terminated on 6 July 2020 for incapacity due to ill health. An arbitration award issued in June 2021 found the dismissal procedurally and substantively fair. The applicant brought a review application to the Labour Court under sections 145 and 158(1)(g) of the Labour Relations Act, challenging the arbitration award.

The review application was dismissed and the arbitration award confirming that the applicant’s dismissal was procedurally and substantively fair remained intact.

The case reaffirms the limited scope of review under section 145 of the Labour Relations Act and underscores that the Labour Court will not interfere with an arbitration award simply because it may have reached a different conclusion. It also illustrates the application of incapacity principles relating to ill health, reasonable accommodation, prolonged absence, and the employer’s entitlement to terminate employment where incapacity persists despite extensive accommodation and support.