Quotable quotes

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The Court speaks – quotable quotes[1]

A commissioner must decide if the sanction was fair

CASE LAW: Sidumo v Rustenburg Platinum Mines Limited (Rustenburg Section) & others (2007) 28 ILJ 2405 (CC)

Principle:   A commissioner must evaluate the employer’s sanction – not impose his own sanction

The Constitutional court emphasised in Sidumo at para [79] that –

“In terms of the LRA, a commissioner has to determine whether a dismissal is fair or not. A commissioner is not given the power to consider afresh what he or she would do, but simply to decide whether what the employer did was fair. In arriving at a decision a commissioner is not required to defer to the decision of the employer. What is required is that he or she must consider all relevant circumstances.”

[1] The purpose of these quotes is to keep you updated on what the court said about topics we regularly come across, and while one knows what the law is, one can’t always pinpoint the judgment in which the principle was expressed.