Trade union Solidarity yesterday welcomed the Constitutional Court's finding that the Commission for Conciliation, Mediation and Arbitration (CCMA) no longer has to honour employer dismissal sanctions without exception.
The Constitutional Court overturned a ruling by the Supreme Court of Appeal (SCA) regarding "Sidumo Z", who was dismissed for failing to fulfil his duties at Rustenburg Platinum Mines.
"The majority accepted that there had been no evidence that loss had been suffered by the mine as a result of Sidumo's misconduct," Deputy Chief Justice Dikgang Moseneke said.
Solidarity spokesman Jaco Kleynhans said in the past commissioners had to approach employer sanctions with a degree of respect, since it was, according to the Appeal Court, the prerogative of employers to determine them.
"The standard test for the adjudication of review applications has shifted from the formalistic approach. This should in future benefit members and is welcomed by Solidarity," he said.
The court found the dismissal to have been unfair, but said Sidumo should have known that his failure to own up to his conduct would count against him.
The court agreed that the ruling by the SCA be overturned, and reaffirmed the correctness of the labour court and the CCMA decisions. - Sapa