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IN THE LABOUR COURT OF SOUTH AFRICA - Justice Home

REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG JUDGMENT Reportable Case no: JR 1151/2008 In the matter between: FRANS MASUBELELE Applicant and PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORAL BARGAINING COUNCIL First Respondent M J TSABADI Second Respondent DEPARTMENT OF HEALTH (GAUTENG PROVINCE) Third Respondent Heard: 10 January 2013 Delivered: 17 January 2013 2 Summary: Bargaining Council arbitration proceedings Review of proceedings, decisions and awards of arbitrators Test for review Section 145 of LRA 1995 Requires the arbitrator rationally and reasonably consider the evidence as a whole determinations of arbitrator compared with evidence on record arbitrator s decision entirely reasonable and regular award upheld Bargaining Council arbitration proceedings Review of proceedings, decisions and awards of arbitrators assessment of evidence by arbitrator finding of no proper evidence as to inconsistency sustained principles stated Misconduct dishonesty principles applicable to dishonest conduct conduct of the employee constituting an offence of dishonesty dismissal justified Inconsistency pri

REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 1151/2008 In the matter between: FRANS MASUBELELE Applicant

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