SUMMARY In this case Potgieter (the “Applicant”) approached the Labour Court (“Court”) on an urgent basis for an order interdicting the Respondents from proceeding with disciplinary action against him, alternatively an order that the disciplinary proceedings against him be dealt with in terms of section 188(A) of the Labour Relations Act (“LRA”) The application related
SUMMARY The factual background from which this decision arises concerns a dismissal on the grounds of misconduct.  Lonmin Platinum Mine (“the Employer”) dismissed Doctor Lebeya (“the Employee”) following a disciplinary enquiry in which he was found guilty of dishonest.   At the heart of the misconduct was two fraudulent travel claims submitted by the Employee.  
SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering