Once a dismissal had taken place and the dispute was before a Commissioner, it is not within his powers during the arbitration process, without either solicitation or evidence, to give his or her opinion on what the reasons for the dismissals are, should have been or what the employee should have been charged with. . . . . A Commissioner is not given the power to consider afresh what he or she would do, but simply to decide whether what the employer did was fair. In arriving at a decision a Commissioner is not required to defer to the decision of the employer. What is required is that he or she must consider all the relevant factors and circumstances.
Tlhotlhalemaje AJ in BP Southern Africa (Pty) Ltd v NBCCI (JR2004/12) [2015] ZALCJHB 179 (11 June 2015) at para 25.7.