Food And Allied Workers Union v Cold Chain (Pty) Ltd ((2015) 36 ILJ 226 (LC)) [2014] ZALCJHB 534; [2014] ZALCJHB 174 (13 May 2014)

Brief Summary

Labour Law — Unfair dismissal — Employee's right to fair procedure — Employee dismissed for misconduct without proper investigation — Employer failed to follow internal disciplinary procedures — Dismissal deemed substantively and procedurally unfair. The applicant, an employee of the Passenger Rail Authority, was dismissed for alleged misconduct without a proper investigation or adherence to the employer's disciplinary procedures. The legal issue was whether the dismissal was fair in terms of both substantive and procedural requirements. The court held that the dismissal was both substantively and procedurally unfair due to the employer's failure to conduct a proper investigation and follow established disciplinary protocols.