The applicant, Belgotex Floors (Pty) Ltd, dismissed the third respondent, Bhekinhlanhla Zungu, after a disciplinary hearing found him guilty of gross misconduct for striking (or pushing) a female co-worker, Noluthando Masinga, on the neck on 28 October 2022. Zungu referred an unfair dismissal dispute to the CCMA. At arbitration, Commissioner Yande Ngwane rejected Masinga’s version and the evidence of the supervisor, Mr Duma, who testified that Zungu admitted pushing Masinga. The commissioner found that, even if Zungu had struck Masinga, dismissal would have been unfair because of his nine years of service, clean disciplinary record, good reputation and his presentable, restrained demeanour during the hearing. Belgotex Floors then launched a review application in terms of section 145 of the Labour Relations Act 1995.