Potgieter v Tubaste Ferrochrome  (JA71/12) [2014] ZALAC 32 (2014) 35 ILJ 2419 (LAC) (12 June 2014) per Molemela AJA [Tlaletsi DJP and Sutherland AJA concurring]

Upheld appeal against judgment of  Louw AJ dated 10 November 2011 with no order as to costs and Labour Court’s judgment set aside and award reviewed and set aside with employee being re-instated retrospectively.

LAC Summary:

Appropriate remedy for unfair dismissal dispute- commissioner finding that employee’s dismissal substantively unfair- commissioner granting compensation because employment relationship broken down because employee publishing report in newspaper.

Labour Court upholding arbitration award.

Appeal: Employee report to media not in violation of the PDA and NEMA- Commissioner overlooking the serious repercussions for non-compliance with NEMA and applying a narrow approach to the PDA.

Disclosure not rendering employment relationship intolerable.

Introduction

[1] The appellant appeals against the judgment of the Labour Court (Louw AJ) dismissing an application for the review of an award in terms of which the arbitrator (“commissioner”) had found that the appellant’s dismissal by his employer (the respondent) was procedurally and substantively unfair and awarding the appellant compensation equivalent to 12 months’ compensation.