[1] Nedbank Limited dismissed Mr Andre Herholdt, who was employed as a financial planner, for dishonestly failing to disclose a
conflict of interest arising from his being appointed a beneficiary in the will of a client, Mr John Smith. He successfully challenged his dismissal in arbitration proceedings before the CCMA in terms of s 138 of the Labour Relations Act (the LRA).1 Gush J, in the Labour Court, upheld a review of the arbitrator’s award and set it aside. This is an appeal, with the leave of this court, against the decision of the Labour Appeal Court (the LAC) dismissing an appeal against the judgment of Gush J.