ASSIGNMENT QUESTION
Study the case Moloantoa v CCMA and Others (JR1281/19) [2021] ZALCMPP 1; (2021) 42
ILJ 2259 (LC); [2021] 8 BLLR 827 (LC) (31 May 2021) and write a two-page legal opinion
about the case. Your legal opinion must have the following -
• Summary of the facts of the case (2)
• Issue(s) in dispute in the case (1)
• The Court’s decision (1)
• At the end provide a well-supported legal opinion which should cover the importance of
the case (importance of the case (this is important as it carries more marks).
(a) Summary of facts:
Moloantoa was employed by Eskom & travelled from Medupi Power Plant located at
Lephalale to attend a training course in Midrand. She travelled as a passenger in a coworker’s private vehicle & the co-worker charged her an amount of R400.00 for the travel.
Upon her return she lodged a claim for reimbursement of the travel costs. Apparently 713
kilometers were inputted on the electronic system in place, which the system automatically
calculated the amount to be R2 584.80. The claim was approved by her manager and was
paid to her.
Ultimately following a tip off regarding fraudulent travel claims, a forensic investigation was
launched in which Moloantoa was charged with misconduct as she did not come clean and
was referred to a disciplinary hearing. Usage of disciplinary hearing did not automatically
imply that dismissal will be the only suitable sanction. Other sanctions provided for in the
Procedure were possible. The Procedure was negotiated with NUMSA, NUM and Solidarity.
The chairperson of the disciplinary hearing of Moloantoa, Mr TD Zulu (Zulu) found
Moloantoa guilty as charged and after considering mitigating and aggravating
circumstances, he imposed one of the sanctions provided for in the Procedure – suspension
without pay for seven working days. Moloantoa served her sanction.
Upon her return, Rudi Van Der Wal (Wal), the General Manager concluded that Moloantoa
was grossly dishonest and the gravity of this offence is that it is a serious fraud. He then
imposed a sanction of summary dismissal. NUMSA and Moloantoa were displeased thereby
and referred a dispute to the Commission for Conciliation, Mediation and Arbitration
(CCMA) alleging an unfair dismissal. Conciliation failed to resolve the dispute.
(b) The issue(s) in dispute:
Whether an employer can legally revoke its earlier decision to impose a lesser
sanction
Whether the dismissal of Moloantoa was substantively fair
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