Nelson Mandela University v Commission for Conciliation, Mediation and Arbitration and Others

The fourth respondent, an academic employee of Nelson Mandela University, was appointed in 2013 and later entered into secondary contracts in 2018 and 2019 for clinical assistance work. He submitted claims under these contracts for hours allegedly worked and was paid R39 120. An internal investigation found that the claimed hours were not worked on the clinical platform or road as allegedly required by the contracts. The employee admitted he did not perform the work on the platform or road but maintained he had worked more hours in other student-related activities beyond normal duties and believed in good faith he was entitled to claim. He pleaded guilty to fraud at a disciplinary hearing and was dismissed. At arbitration, the CCMA commissioner found the dismissal substantively unfair and ordered reinstatement without retrospective effect. The University sought to review and set aside the arbitration award under section 145 of the LRA.

The review application was dismissed and the CCMA arbitration award reinstating the employee (without retrospective effect) was upheld.

The case affirms the high threshold for reviewing arbitration awards under section 145 of the LRA and clarifies that a disciplinary guilty plea does not automatically establish misconduct at arbitration. It underscores the requirement that employers must prove all elements of fraud, including intention, and highlights the importance of correctly interpreting employment contracts and policies in disciplinary proceedings.