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MRL3702 ASSIGNMENT 01 2024
- Course
- LABOUR LAW (MRL3702)
- Institution
- University Of South Africa (Unisa)
This document is the assignment 01 of Labour Law (MRL3702) due on 08 March 2024
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MRL3702ASSIGNMENT 01/2024
DUE DATE: 08 MARCH 2024
Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14
March 2023)
• SUMMARY OF THE FACTS OF THE CASE (2)
In the Labour Court of South Africa, a case involving Clicks Retailers (Pty) Ltd and two
former employees, Tshepang Vincent Madikwe and Xolani Ntuli, is being reviewed.
Commissioner Nomsa Mbileni had previously ruled that the dismissal of the managers
was substantively unfair due to their alleged gross dereliction of duty in relation to cash
shortages at a Clicks store.
Clicks, however, contested Mbileni's decision, claiming that she had not properly
considered the evidence and had neglected relevant information. The court carefully
assessed the matter and determined that Mbileni's decision was reasonable and fell
within acceptable parameters. As a result, Clicks' application for review was
dismissed, and no costs were awarded.
• ISSUE(S) IN DISPUTE IN THE CASE (1)
The Labour Court of South Africa reviewed an arbitration award by Commissioner
Nomsa Mbileni, which found the dismissal of Tshepang Vincent Madikwe and Xolani
Ntuli to be substantively unfair. Clicks Retailers (Pty) Ltd argued that Mbileni failed to
properly consider the evidence, neglected relevant information, and misinterpreted the
company's standard operating procedures (SOPs). The court concluded that Mbileni's
decision falls within the bands of reasonableness and dismissed Clicks' application for
review, emphasizing that the review is not about the correctness of the decision but
whether it falls within the bounds of reasonableness. No costs were awarded in this
matter.
• THE COURT’S DECISION (1)
In its judgment delivered on 14 March 2023, the court dismissed Clicks Retailers'
application for review. The court concluded that Commissioner Mbileni's decision was
reasonable and fell within an acceptable range. It emphasized that the review test is
not focused on determining correctness, but rather on establishing whether the
decision falls outside the bounds of reasonableness.
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