In the recent decision of Nkuna v Eskom Rotek Industries SOC Ltd (2024-022546) [2026] ZAGPJHC 634 (3 June 2026), the High Court considered whether an employer may disregard the outcome of its own internal disciplinary appeal process and unilaterally uphold an employee’s dismissal despite an appeal chairperson having set such dismissal aside. The court held that where the employment contract incorporates a disciplinary code that renders the appeal chairperson’s decision “final”, that outcome is binding on the employer. In those circumstances, the employer has no contractual entitlement to second-guess the appeal outcome or to resort to self-help by purporting to retain the dismissal.

• In the recent decision of Nkuna v Eskom Rotek Industries SOC Ltd (2024-022546) [2026] ZAGPJHC 634 (3 June 2026), the High Court considered whether an employer may disregard the outcome of its own internal disciplinary appeal process and unilaterally uphold an employee’s dismissal despite an appeal chairperson having set such dismissal aside.
• The court held that where the employment contract incorporates a disciplinary code that renders the appeal chairperson’s decision “final”, that outcome is binding on the employer.
• The judgment serves as a significant reminder that contractual rights remain an important and enforceable component of employment relationships notwithstanding the extensive statutory protections afforded by labour legislation.

The Facts

The applicant, Ms Nkuna, accepted an...

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