Results for dismissal dispute

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Can an employee be dismissed for lodging a false grievance?
Can an employee be dismissed for lodging a false grievance?Article

Dismissing an employee for lodging a false grievance does not amount to an automatically unfair dismissal...

Jacques van Wyk and Andre van Heerden 9 Sep 2020

How the CCMA has adopted to digital platforms
How the CCMA has adopted to digital platformsArticle

On or about 8 May 2020, the Director of the Commission for Conciliation, Mediation and Arbitration (CCMA) issued an Urgent Directive in respect of access to the CCMA (the Directive)...

Michiel Heyns and Jacques van Wyk 23 Jul 2020

When completion of probation doesn't automatically mean permanent placement...
When completion of probation doesn't automatically mean permanent placement...Article

Is an employee considered permanent at the end of the probation period if the employment contract requires such confirmation and the employer does not explicitly verify permanency?

Jacques van Wyk 12 Sep 2019

Should reinstatement always be awarded after unfair dismissal?
Should reinstatement always be awarded after unfair dismissal?Article

The Labour Appeal Court recently had to consider whether reinstatement must always be awarded where a dismissal is found to be substantively unfair, in the case of Afgen (Pty) Ltd v Ziqubu (2019)...

Jacques van Wyk 14 Aug 2019

Why 'forgetting' simple tasks may add up to gross insubordination
Why 'forgetting' simple tasks may add up to gross insubordinationArticle

In a recent case, the Labour Court was called to decide whether an employee's failure to adhere to an instruction to copy her line manager in her emails warranted a dismissal...

Thabang Rapuleng and Tamsanqa Mila 30 May 2019

To be or not to be: In writing
To be or not to be: In writingArticle

In the recent case of Numsa obo Nomanyane and another v Grupo Antolin (Pty) Ltd, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Aadil Patel 7 May 2019

Suspending your employee - the long and the short of it
Suspending your employee - the long and the short of itArticle

The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that 'there is no requirement' for an employer to afford an employee an opportunity to make representations why the employee should not be suspended (in the case of precautionary suspensions), prior to suspending the employee...

Irshaad Savant, Issued by Adams & Adams 25 Feb 2019

Consequences of selective re-employment following dismissal
Consequences of selective re-employment following dismissalArticle

Re-employing a dismissed or terminated employee can have unintended consequences, especially when the other employees dismissed or terminated for the same or similar reasons catch wind of this and tender their services...

Gavin Stansfield and Siyabonga Tembe 31 Jan 2019

Can you dismiss an employee who refuses to obey instructions?
Can you dismiss an employee who refuses to obey instructions?Article

In the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC, the CCMA had to consider whether the employees were fairly dismissed for gross insubordination...

Jacques van Wyk 11 Sep 2018

Can you dismiss an employee for making racist comments in the workplace?
Can you dismiss an employee for making racist comments in the workplace?Article

Is the dismissal of an employee, who compares a fellow employee to a monkey, fair...

Jacques van Wyk 24 Aug 2018

When is hearsay evidence enough in a labour dispute case?
When is hearsay evidence enough in a labour dispute case?Article

The Labour Court in South Africa was recently tasked with considering the weight that should be attached to the transcribed record of an internal disciplinary hearing...

Lauren Salt and JJ van der Walt 4 Jul 2018

How just one derogatory word can get you fired...
How just one derogatory word can get you fired...Article

Using derogatory language is an issue that has been in the public domain quite frequently. The Constitutional Court has confirmed that this type of conduct is completely unacceptable...

Jonathan Goldberg 4 Jun 2018

Two wrongs don't make a right - the Labour Appeal Court cleans up the mess
Two wrongs don't make a right - the Labour Appeal Court cleans up the messArticle

In Clencor Pty Ltd v Mngezana NO and Others, the Labour Appeal Court was required to consider whether the Labour Court erred in coming to a conclusion as to the relevance of evidence not presented at the CCMA

Lauren Salt and Tiisetso Rabolao 19 Apr 2018

Unfair dismissals vs dismissals for operational requirements
Unfair dismissals vs dismissals for operational requirementsArticle

When an employer dismisses employees for operational requirements, it must prove the dismissal was not in order to compel them to accept a demand of mutual interest...

Jacques van Wyk and Andre van Heerden 8 Mar 2018

Withdrawing an offer of employment constitutes dismissal
Withdrawing an offer of employment constitutes dismissalArticle

Can an offer to employment which is later withdrawn amount to a dismissal?

Jacques van Wyk 28 Dec 2017

Refusal to accept retracted resignations does not constitute dismissal
Refusal to accept retracted resignations does not constitute dismissalArticle

The CCMA has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal...

Andre Van Heerden and Jacques van Wyk 13 Sep 2017

Reviewing automatic termination clauses in employment contracts
Reviewing automatic termination clauses in employment contractsArticle

A recent Labour Appeal Court case reviewed whether the employee was unfairly dismissed after his appointment letter was automatically terminated because of a provision stating that his offer of employment was conditional on a positive outcome of a vetting process...

Andre Van Heerden and Jacques van Wyk 18 Jul 2017

High Court bars Brian Molefe from reporting for work
High Court bars Brian Molefe from reporting for workArticle

The High Court in Pretoria has granted an order brought by the DA and EFF that prevents Brian Molefe from reporting for work at Eskom while his Labour Court matter is pending...

Genevieve Quintal 6 Jun 2017

"Incompatibility" really can be used as grounds for dismissal
"Incompatibility" really can be used as grounds for dismissalArticle

Case law indicates that the lesser known of the lawful grounds for dismissal in South African employment law, incompatibility, is sufficient for dismissal but that correct procedures must be followed for its success...

Bradley Workman-Davies 30 May 2017

ConCourt rules on prescription of reinstatement awards
ConCourt rules on prescription of reinstatement awardsArticle

Over the years, employers have been plagued with uncertainty regarding the intersection between the Prescription Act and the Labour Relations Act, specifically, in respect of the prescription of arbitration awards awarding reinstatement...

Lauren Salt and Penjani Mseteka 13 Mar 2017

Speak up or face the consequences - ruling
Speak up or face the consequences - rulingArticle

In what circumstances may a group of strikers be held collectively accountable for misconduct during a strike...?

Andre van Heerden and Jacques van Wyk 25 Aug 2016

To command and obey - employer vs employee rights at the SABC
To command and obey - employer vs employee rights at the SABCArticle

The current situation at the SABC brings into question the rights of employers to issue commands and the duty of employees to obey and carry out such instructions...

Johan Botes 7 Jul 2016

Labour disputes, arbitration awards bind new employers
Labour disputes, arbitration awards bind new employersArticle

When acquiring a business, as a going concern, employers need to be mindful of any existing labour disputes or arbitration awards in this business as these could pose serious risks to the success of the transaction...

Nadine Mather 5 Apr 2016

Contractual consistency is key in employee polygraph tests
Contractual consistency is key in employee polygraph testsArticle

Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?

Jacques van Wyk 14 Dec 2015

Once a South African employee, always a South African employee
Once a South African employee, always a South African employeeArticle

Does a South African citizen employed by a South African business in a foreign jurisdiction have a claim for unfair dismissal under the South African Labour Relations Act, 66 of 1995 (LRA)...?

Johan Botes 19 Nov 2015

E-learning platform offers understanding of Employment Practices Liability
E-learning platform offers understanding of Employment Practices LiabilityArticle

Camargue has launched an Employment Practices Liability (EPL) module online that offers brokers and understanding of EPL, the risks and a grasp of unfair labour practices and key exclusions...

24 Aug 2015

Night shift transport: employer or employee obligation?
Night shift transport: employer or employee obligation?Article

Section 17(1) of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) defines night work as work performed after 6pm and before 6am the next day...

Hugo Pienaar 2 Jul 2015

Defining dismissal dates in constructive dismissal referrals
Defining dismissal dates in constructive dismissal referralsArticle

Due to the role reversal of a constructive dismissal - with the employee resigning and it nevertheless being considered a dismissal - the following question arises: Is the effective date of the dismissal the date of the employee's resignation or the date that the employee's notice period ends...?

Lauren Salt and Julia Kaplan 12 Jun 2015

Impact of amendments to Labour Relations Act
Impact of amendments to Labour Relations ActArticle

Recent comments by the Minister of Labour, Mildred Oliphant, criticising employers who were laying off workers after a three month contract after which they would be deemed permanent employees, should be seen as a warning to labour brokers and clients...

Melissa Cogger and Randall van Voore 29 May 2015

Employers must have tangible evidence to support dismissals
Employers must have tangible evidence to support dismissalsArticle

Section 188 of the Labour Relations Act, No 66 of 1995 permits an employer to dismiss an employee for reasons related to the employee's misconduct. Employers have tried to broaden the ambit of this form of dismissal by arguing that employees can be dismissed based on a suspicion of misconduct alone...

Hugo Pienaar and Joloudi Badenhorst 14 May 2015

New dispensation for employees on contracts
New dispensation for employees on contractsArticle

From midnight on 31 March 2015 a new dispensation kicked in for employees on fixed term or part time contracts and for clients who employed the services of labour brokers (called temporary employment services in the Labour Relations Act 66 of 1995)...

Ingrid Lewin 14 May 2015

LAC clarifies interpretation of Section 189A of LRA
LAC clarifies interpretation of Section 189A of LRAArticle

On 3 March 2015, the Labour Appeal Court (LAC) ruled that the court's prior interpretation of the validity of termination notices that are issued in violation of s189A(8) of the Labour Relations Act, No 66 of 1995 (LRA), was incorrect...

Hugo Pienaar and Sihle Tshetlo 13 Mar 2015

SA Tourism case gives clarity on territorial application of LRA
SA Tourism case gives clarity on territorial application of LRAArticle

The Labour Court recently determined a review application, not on the grounds of review pleaded, but on the issue of territorial application of the Labour Relations Act, No. 66 of 1996 (LRA). The judge stated that this was permissible even though such aspect was never raised prior to the review application on the basis that the issue of jurisdiction can be raised at any time.

Andrea Taylor 11 Jun 2014

Adhering to time frames in new Practice Manual a must
Adhering to time frames in new Practice Manual a mustArticle

The Practice Manual of the Labour Court of South Africa came into effect on 2 April 2013. Since it has been in effect for over a year, it comes as no surprise that its enforceability has been considered by the Labour Court.

Shane Johnson 2 Jun 2014

Alternatives to labour broking
Alternatives to labour brokingArticle

Temporary employment services (TES), or labour brokers as they are commonly known, have been under scrutiny by the government and unions for some time. The motivation for this is a perception that TES employees have much lower job security and that there is a violation of these employees' rights.

Hugo Pienaar and Andrea Taylor 19 Aug 2013

Bongani Mgaga
You can't have your cake and eat it: Coca-Cola vs Ndlovu & OthersArticle

Mr Ndlovu, a senior employee of Coca-Cola (Pty) Ltd, was retrenched on 31 December 2010, after the termination of a distribution contract he had been seconded to manage. Ndlovu was paid a generous severance package of about R1.3 million. Unhappy with his retrenchment, Ndlovu referred an unfair dismissal dispute to CCMA.

Bongani Mgaga 13 Jun 2013

When a retrenchment is unfair, what happens to the severance already paid?
When a retrenchment is unfair, what happens to the severance already paid?Article

In the recent unreported case of Coca Cola South Africa (Pty) Ltd vs Ndlovu and Others (case no D813/11 delivered on 7 May, 2013) the Labour Court dealt with the issue of whether severance pay must be taken into account when awarding an employee compensatory relief pursuant to a finding that the employee was unfairly dismissed.

Aadil Patel and Kirsten Caddy 12 Jun 2013

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