Transnet Rail Engineering v Mienies/Minies (CA20/2013) [2015] ZALAC 22; [2015] 11 BLLR 1144; (2015) 36 ILJ 2605 (LAC) (18 June 2015) per Dlodlo AJA [Tlaletsi DJP and Hlophe AJA concurring]

The Labour Appeal Court disallowed the appeal and upheld the judgment of Rabkin-Naicker J in the Labour Court which reviewed and set aside the award.  In other words the dismissal was found to have been for an unfair reason.  The reason for the employee’s dismissal was related to conduct in the form of gross negligence.  But the employee had a conflicted relationship with the supervisor and was  depressed.  Medical and counselling reports suggested a transfer to another depot but the arbiter seemingly ignored this evidence which was regarded as important.  That meant the award was unreasonable and had to be set aside.