EOH Abantu (Pty) Ltd t/a Highveld PFS (Pty) Ltd v CCMA (JR2814/12) [2015] ZALCJHB 310 (19 August 2015) per Whitcher J.

The Labour Court reviewed but refused to set aside an award compensating a former employee of a labour broker with R270,000.  K was employed by the labour broker in September 2009 to manage a mine for a client.  K was also responsible for approving and verifying timesheets for all employees at the mine.  In January 2011 B was contracted to blast and drill for the mine and worked with a team.  In February, B agreed to blast and drill for D.  B used some of the employees of the mine.  The D project comprised two phases: from February to March 2011 and then from May to July 2011.  K was alleged to have been grossly negligent as the mine manager by participating in unauthorised drilling and blasting for D during April to July 2011 and the unauthorised use of certain property and employees to do such operations and for having a conflict of interest  and doing so for personal gain.  K’s dismissal on 17 October 2011 was confirmed to have been substantively unfair.