Whitcher said the arbitrator accepted Njilo’s version, which in broad terms is that he knew, from a colleague, that one could apply for compassionate leave when a family member dies. He had been unaware of the intricacies of the compassionate leave policy, particularly that it did not cover people he regarded in Zulu culture as his “immediate family”, “mother” and “son”.
The employer subsequently applied for a review to the labour court, challenging the arbitrator’s finding. The arbitrator found the sanction of dismissal grossly inappropriate given the unique circumstances of the case.
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