Pinnacle Security Limited T/A Pinnacle Security Group v Chris Mabuza [2016]

Posted In: Case Law
  • Decision Number
    ILCR Determination No. UDD1640
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance
Issues covered: Section 9(1), Unfair Dismissals Acts, 1977 to 2015; Procedure

This case concerned a claim of unfair dismissal. The claimant, a security guard, had been dismissed following an incident. The respondent considered that this incident amounted to a breach of the fundamental trust necessary to employ him and accordingly dismissed him. However, the respondent failed to provide the claimant with a copy of the written complaint which had been made against him.

The court acknowledged that this was a flaw in the procedures deployed but held that respondent had been fair and accorded with the principles of natural justice. Thus, the decision to dismiss the claimant was proportionate to the breach involved.

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This article is correct at 03/02/2017

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