Savage AJA in Trans Hex Group Ltd v CCMA [2016] 2 BLLR 144 (LAC) at para [5]: [Waglay JP and Musi JA concurring]
“The Commissioner, in the arbitration award, erroneously identified the only decision he was required to make to be “whether the applicant’s dismissal was the most appropriate sanction” (my emphasis), while stating that he was required to exercise his “discretion reasonably, honestly and with due regard to the general principles of fairness”.
Referring to the Code of Good Conduct: Dismissal, the Commissioner noted that dismissal must be “appropriate” in light of the facts of the case and that the ultimate justification for an employer’s power to impose discipline flows from its right to manage the business effectively.
Having regard to the nature of the employment relationship as one of trust and confidence, the Commissioner stated that “. . . conduct clearly inconsistent therewith entitled the ‘innocent’ party to cancel the agreement”.
See Sanction of dismissal: Unwarranted and confusing concept