MODULE CODE: MRL3702
SEMESTER: 02
ASSIGNMENT: 01
DUE DATE: 19 AUGUST 2022
QUESTION 01
Summary of the facts of the case
In this matter between Moloantoa v CCMA and Others [2021] ZALCJHB 345
(31 May 2021), It is an opposed application seeking to review and set aside
an arbitration award issued by Commissioner Manganyi (Manganyi). He
concluded that the dismissal of Mmatlou Maria Moloantoa (Moloantoa) is both
substantively and procedurally fair. Moloantoa was aggrieved by that finding
and launched the present application. The application is opposed.
However, Eskom Holdings SOC Ltd (Eskom) filed an answering affidavit out
of the time prescribed by the rules of this Court. Condonation was sought
because there was no objection on the late delivery from Moloantoa therefore
a condonation application was not necessary. This matter was treated as
opposed without the need to condone the late filing of the answering affidavit.
Issue in dispute
In this case, CCMA had to work out, whether the substantive fairness of the
dismissal of Mmatlou Maria Moloantoa who had been found dishonest was
substantive fair and the central legal issue pertinent in this matter is the
question whether an employer can legally revoke its earlier decision to impose
SEMESTER: 02
ASSIGNMENT: 01
DUE DATE: 19 AUGUST 2022
QUESTION 01
Summary of the facts of the case
In this matter between Moloantoa v CCMA and Others [2021] ZALCJHB 345
(31 May 2021), It is an opposed application seeking to review and set aside
an arbitration award issued by Commissioner Manganyi (Manganyi). He
concluded that the dismissal of Mmatlou Maria Moloantoa (Moloantoa) is both
substantively and procedurally fair. Moloantoa was aggrieved by that finding
and launched the present application. The application is opposed.
However, Eskom Holdings SOC Ltd (Eskom) filed an answering affidavit out
of the time prescribed by the rules of this Court. Condonation was sought
because there was no objection on the late delivery from Moloantoa therefore
a condonation application was not necessary. This matter was treated as
opposed without the need to condone the late filing of the answering affidavit.
Issue in dispute
In this case, CCMA had to work out, whether the substantive fairness of the
dismissal of Mmatlou Maria Moloantoa who had been found dishonest was
substantive fair and the central legal issue pertinent in this matter is the
question whether an employer can legally revoke its earlier decision to impose
