The court found that the arbitrator's decision to disregard the rescission application and proceed with the hearing was a gross irregularity, constituting misconduct.

This case serves as a reminder to all employers that procedural fairness is not just a box-ticking exercise. It's about ensuring that employees have a fair chance to respond to allegations against them. A crucial aspect of this is providing adequate time for preparation..

Generally, a gathering can be considered a strike if it involves a concerted stoppage of work or withdrawal of labour with the intent to force the employer to accede to certain demands.