Labour Court ruling in Algoa Bus Company (Pty) Ltd v South African Road Passenger Bargaining Council and Others.
The Labour Court in Gqeberha recently delivered an important judgment in the case of Algoa Bus Company (Pty) Ltd v South African Road Passenger Bargaining Council and Others. The case serves as a reminder regarding the standard of evidence required at arbitration and the dangers of speculation.
Background to the Dispute
The matter arose following the dismissal of Mr Gerhard Goosen, a service mechanic with nearly 30 years of experience at Algoa Bus Company (ABC). Mr Goosen was dismissed for gross negligence after a bus gearbox he had just serviced sustained major internal damage, leading to a repair bill of approximately R490 000. While ABC contended that the damage was caused by Goosen taking the bus for a test drive without first refilling it with oil, Goosen maintained that he had indeed added 20 litres of oil before the drive. The central factual dispute was whether
