Cecil Nurse (Pty) Ltd v Busakwe NO (PR 174/2013) [2015] ZALCPE 28 (29 April 2015) per  Van Niekerk J.

The Labour Court reviewed and set aside an award which granted the employee three months compensation.  The Labour Court held that it was an award that a reasonable arbiter could not have made.  There was a valid and fair reason to dismiss related to dishonesty concerning two private telephone calls costing about R130.  There was also an alleged failure to properly perform a task relating to a tender.  In effect there was a valid reason related to misconduct and as the relationship had become intolerable as a result thereof, the reason was also fair. It was specifically stated that arbiters are not given the power to consider afresh what they would do.  They must decide whether what the employer did was fair.  They are not required to defer to the decision of the employer but must consider all relevant circumstances.