Solidarity obo Delport v Stucky Motors Group (Pty) Ltd & others (Application for Leave to Appeal) [2026] ZALCJHB 403
Seat of Court: Labour Court, Johannesburg Date Delivered: 21 October 2026 Case No: JR83/24 Name of Judge(s): Mhambi AJ Factual Summary: Mr Delport, represented by Solidarity, was charged by Stucky Motors with gross negligence and with insubordination in relation to the production of an IT Asset Register; he was acquitted of the first charge and dismissed on the second. A commissioner of the Motor Industries Bargaining Council upheld the dismissal, relying in part on uncharged incidents of 10 and 15 February 2023 arising from a dispute over sick leave. On 14 May 2026 the Labour Court reviewed and set aside the award, declared the dismissal substantively unfair and awarded compensation equal to six months' remuneration. Stucky Motors applied for leave to appeal, contending that the arbitration was a hearing de novo entitling the commissioner to consider the further incidents, that the Court had conducted an appeal in the guise of a review, that the order wrongly disturbed the fin...