Num v Rustenburg Platinum Mine (Mogalakwena Sec) (JA43/2013) [2014] ZALAC 62; [2015] 1 BLLR 77 (LAC) (23 October 2014) per Musi JA [Murphy and Setiloane AJJA concurring]

LAC summary: Appeal allowed with costs  and Labour Court’s judgment set aside. Review of arbitration award.  Employee dismissed for insubordination- mutual destructive versions- credibility findings – commissioner’s finding on probabilities favouring employee’s version and rejecting employer’s version – commissioner finding dismissal substantively unfair.  Labour Court setting aside arbitration award.  Appeal: Witnesses’ evidence corroborated that of employee who was ‘not guilty’ of the ‘charges’ for which he was dismissed – commissioner finding on probabilities reasonable.

[1] This appeal, which is with the leave of the court a quo (Bhoola J), is against the judgment of the court a quo in which it reviewed and set aside an award by the third respondent (the arbitrator) and substituted it with an order that the dismissal of the second appellant (Tshungu) was substantively fair.