First National Bank (A Division of FirstRand Bank Ltd) v Nduzulwana NO (JR1597/09) [2015] ZALCJHB 206 (16 July 2015) per Tlhotlhalemaje, AJ.
On review the Labour Court set aside an award and upheld the reason for dismissal relating to the employee’s conduct as being valid and fair. The Labour Court rejected a suggestion by the former employee that the manager who signed the affidavit, and initiated the review application, had acted on a ‘frolic of his own’ and without any authority. From 1 October 2007 until 31 March 2009 the ex-employee was employed as an external sales consultant. Her dismissal related to a loss of R355 000 that resulted from her failure to verify signatures. Without such verification fraudsters are able to open accounts and link them to other customer accounts and transfer funds using internet banking. Given all the facts and the evidence the findings of procedural and substantive unfairness were unreasonable and had to be set aside.