Dwarsrivier Chrome Mine (Pty) Ltd v AMCU obo Prince Tau and Others

Prince Tau, an employee of Dwarsrivier Chrome Mine (Pty) Ltd (DCM), was dismissed following an incident on 6 May 2021. He was the driver of a bakkie that transported an elephant foot bag containing explosives. DCM alleged that Mr Tau knowingly transported explosives in an unlocked bag and on a disapproved vehicle, contrary to the Mine Health and Safety Act 29 of 1996. Mr Tau denied knowledge of the contents of the bag, asserting that the explosives were handed to his supervisor, Mr Kgomongaka, by a miner (Ms Phetla), and that he was unaware of what the bag contained. The CCMA commissioner accepted Mr Tau’s version and found the dismissal substantively unfair, ordering retrospective reinstatement. DCM brought a review application to the Labour Court.

The review application was dismissed. No order was made as to costs.

The case reaffirms the limited scope of Labour Court review over CCMA arbitration awards and underscores that where evidence is evenly balanced, a commissioner’s credibility and probability findings will not be interfered with if they are reasonable. It illustrates the application of the Sidumo test in dismissal disputes involving safety-related misconduct.