Company name : Crown National
Case Number : ( BENONI ) EKURULENI
The AFADWU has won the case of Arbitration which was held at Benoni Ekurhuleni CCMA which was an Arbitration case.
The applicant was employed by Crown National as an admin clerk for a period of 10 years and the applicant was earning a salary of R12,364 per month.
The applicant was dismissed on 03 December 2020 for the allegations of dishonesty.
The applicant was charged and dismissed as follows .
1. Serious dishonesty
2. Breach of employees duty of good faith
3. Engaging in indecent behavior, immoral act or improper conduct in
· The arbitration hearing was Heald under the auspices of CCMA in terms of section 191 (5) (a) of the labour relations act ,1995 as amended (the act) and the award is issued in terms of section 138 of the act
· The arbitration proceeding were conducted in English and digital recorded.
· The applicant was represented by Afadwu union official Mr . Gad Chauke.
The award or result of the Arbitration case was that the dismissal of the applicant by the responded CROWN NATIONAL was substantively unfair.
The responded is ordered to reinstate the applicant , to her previous position of Admin Clerk on terms and conditions no less favorable than those that governed her employment at the time of her dismissal .
The reinstatement above is to operate with retrospective effect from 3 December 2020.
The backpay due to the applicant as a result of the retrospective reinstatement referred to the above amounts to R61,820 as the applicant was earning R12,364 x 5 months minus deductions as the applicant is in terms of law obligations or entitled to make.
The applicant was ordered to report for duty on 03 May 2021.