The applicant, a transport company, employed the third respondent, Mr Sandile Christopher Mkhwanazi, as a long-distance Tautliner truck driver. After a disciplinary hearing on 6 March 2017, where he was found guilty of reckless driving and issued with a written warning, he was instructed to drive or be trained on a side tipper truck used mainly for local trips. Mr Mkhwanazi refused, contending that this constituted an unreasonable and punitive change to his conditions of employment, as side tipper driving involved different duties, local work, and lower remuneration and allowances. Following a second refusal the next day, he was charged with insubordination and dismissed. He referred an unfair dismissal dispute to the National Bargaining Council, where the commissioner found the dismissal substantively unfair and awarded compensation and payment of outstanding salary and leave. The employer sought to review and set aside the arbitration award.