habitual neglect of dutyexcessive penaltyarbitral awardreinstatement
Tags
misconductpenaltydismissal
legislation
Statutes Cited
National Employment Code of Conduct
National Employment Code of Conduct
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in law in finding that the dismissal was unfair and in interfering with the penalty of dismissal","issue_type":"law","dispositive":"yes","related_facts":"The employee's admitted misconduct and previous warning"}
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background
Facts of the Case
Background
The respondent, a security guard, was dismissed for absenting himself from duty without permission. He had a previous similar offence in 2010. An arbitrator found the dismissal excessive and ruled in his favour. The employer appealed, arguing the arbitrator erred in law.
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