In Brief
A university terminated its security guard after finding him guilty of misconduct in a domestic enquiry. The Labour Court treated this as illegal retrenchment, but the Supreme Court allowed the appeal. The Court held that termination for misconduct is not retrenchment and must follow specific procedures: the Labour Court must first decide if the domestic enquiry was legal; if defective, the employer must be given a chance to prove misconduct through independent evidence. The case was remanded to the Labour Court to follow these principles and determine whether the misconduct was proven and, if so, whether termination was proportionate."
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