Num obo Smith v Namakwa Sands, A Division of Exxaro Tsa Sands (Pty) Ltd (CA12/2013) [2014] ZALAC 57 (23 October 2014) per Tlaletsi DJP [Hlophe and Coppin AJJA concurring]

Appeal disallowed with costs.  LAC summary: review of arbitration award – employee dismissed for misconduct – employee electing not to answer questions relating to his alleged accomplice during arbitration proceedings – Commissioner drawing adverse inference against employee – Commissioner finding dismissal fair- Labour Court upholding award – Appeal – evidence showing that employee made aware that adverse inference may be drawn against him – commissioner’s drawing of adverse inference against employee reasonable.

[1] In this matter, the appellant, acting on behalf of Johan Smith (the employee), appeals against the decision of the Labour Court (per Steenkamp J) dismissing the review application brought by the appellant in respect of the award issued by the third respondent (the Commissioner) under the auspices of the Second Respondent (the CCMA).  In the award, the commissioner upheld the dismissal of the employee by the first respondent (“the respondent”), his employer.