Telkom SA SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others

Mr Willie Rahl, the fourth respondent, was employed by Telkom SA SOC Limited for 36 years as a supervisor in the Open Serve business. He was dismissed on 5 February 2018 for alleged gross dereliction of duty. Telkom charged him with five categories of misconduct relating to failures to supervise and manage subordinates, including overtime mismanagement, dispatch management failures, fleet management failures, failures in TBI process management, and inappropriate time management. At the internal disciplinary enquiry, Mr Rahl was found not guilty of some charges and guilty of others, with dismissal imposed for several charges. He referred an unfair dismissal dispute to the CCMA. The CCMA commissioner found the dismissal procedurally and substantively unfair and ordered retrospective reinstatement with a written warning valid for six months. Telkom applied to the Labour Court to review and set aside the arbitration award.

The application for review was dismissed, and the CCMA award reinstating Mr Rahl retrospectively with a written warning remained intact. No order as to costs was made.

The case reaffirms the deferential approach of the Labour Court in review proceedings and underscores that dismissal for gross negligence or dereliction of duty requires proof of conduct that is deliberate, wilful, or extreme. It illustrates the distinction between poor performance or lack of diligence and gross negligence, and confirms that courts will not interfere with CCMA awards merely because a different sanction could have been imposed.