DRS Dietrich, Voigt & Mia v Bennet CM N.O. and Another

An employee was dismissed by the employer, DRS Dietrich, Voigt & Mia, for allegedly falsifying forms. The dispute was referred to the Commission for Conciliation, Mediation and Arbitration (CCMA). The commissioner found that the employee was not guilty of dishonesty but had acted negligently. As a result, the commissioner substituted the sanction of dismissal with retrospective reinstatement coupled with a final written warning valid for 12 months. The employer took the arbitration award on review to the Labour Court.

The review application was dismissed, and the CCMA arbitration award reinstating the employee with a 12-month final written warning was upheld.

The case reinforces the principle that courts will not lightly interfere with CCMA arbitration awards on review, particularly in relation to findings on misconduct and the appropriateness of disciplinary sanctions. It underscores the limited scope of review and affirms the deference owed to commissioners’ decisions where they fall within the band of reasonable outcomes.