South African Revenue Service v CCMA (C683/11) [2015] ZALCCT 14; [2015] 5 BLLR 531 (10 February 2015) per Lagrange J.

The Labour Court reviewed and set aside an award and substituted an order that the dismissal was substantively fair but procedurally unfair.  Compensation equal to 12 months remuneration was awarded for the unfair procedure.  Even though SARS overrode the chairperson’s decision it did not prevent an evaluation of the reasonableness of the arbitrator’s findings on the substantive merits of the dismissal.  The employee was a criminal investigator and by accessing pornographic material during working hours he had seriously damaged or destroyed the necessary relationship of trust and confidence.