ICASA vs Malapane 4 20220506 b

ICASA vs Malapane
Case number: JR 1696/17
Citation: [2022] ZALCJHB 90 (7 April 2022)

A vehicle, allocated by an employer, is stolen while parked in the employee’s garage at his home. The employee made a statement to the police and a completely different statement to the employer about the theft.
The employer dismissed the employee two years later and offset a student loan debt due by the employee to the employer against his final income on termination.
The CCMA reinstated the employee and ordered a reimbursement of the student loan debt. The Labour Court, on Reviewing the CCMA Award:

ONE: Assessed the employer’s and employee’s conflicting versions against the principles set out in the Supreme Court of Appeal judgement of Stellenbosch Farmers’ Winery Group v Martell, 2003 (1) SA 11

TWO: Considered the fairness of the process and the sanction of dismissal, in the light of the two-year delay, against the principles set out in the Labour Court judgement of Moroenyane v Station Commander of SAPS, Vanderbijlpark [2016] JOL 36595

THREE: Considered whether the CCMA had the authority, in terms of section 74(2) of the Basic Conditions of Employment Act (BCEA), to order the reimbursement of the student loan debt.