Assignment 1 Semester 1 2023
Unique Number: NA
• SUMMARY OF THE FACTS OF THE CASE
The Clicks Retailers (Pty) Ltd v Madikwe and Others case pertained to an application
to scrutinize and nullify an arbitration result. In this award, Madam Commissioner
Nomsa Mbileni determined that the termination of employment for two managers, Mr.
Tshepang Vincent Madikwe and Xolani Ntuli, was unjustified in terms of its substance.
The managers who were dismissed were accused of gross negligence for not ensuring
that Standard Operating Procedures were followed at Clicks Eastgate, resulting in a