Tag: Sibusiso Dube

On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

Employers and managers have the prerogative to set workplace rules and standards, including performance standards. Oftentimes, managers come across as being harsh, bullish, dismissive, or overly critical when attempting to enforce certain workplace standards.

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.