SA Revenue Services v Psa of SA obo Moorcroft (JR1265/13) [2015] ZALCJHB 159 (26 May 2015) per Gush J.

On review by the employer the Labour Court had no hesitation in upholding a reinstatement arbitral award.  The long-serving employees were ‘charged’ with counts of dishonesty, found guilty and dismissed,  presumably without notice.

The arbiter held that the employer had failed to prove any valid reason for dismissing them.  That meant that fairness did not arise.  So the award was correct and not reviewable.