Results for dismissal

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Remote work - employee rights not black and white
Remote work - employee rights not black and whiteArticle

According to a recent global study from PWC, only one in ten employees are willing to return to the traditional commute-to-work lifestyle...

3 days ago

Constitutional Court dismisses appeal in Hartbeespoort Dam ownership case
Constitutional Court dismisses appeal in Hartbeespoort Dam ownership caseArticle

The Constitutional Court has dismissed the appeal by Kingsley Jack Whiteaway Seale, Ontspan Bellegings (Pty) Ltd, HI Frank Components (Pty) Ltd, and Schoemansville Ouwerklub over the ownership and control of some parts of Hartbeespoort Dam and its surrounding areas...

10 May 2021

Can the Labour Court determine review proceedings of a liquidated company?
Can the Labour Court determine review proceedings of a liquidated company?Article

In a recent judgment, the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators...

Nivaani Moodley, Shane Johnson, Cameron Rajoo, Julian Jones and Caellyn Eedes 6 May 2021

Fired for coming to work with Covid - dismissal deemed fair by court
Fired for coming to work with Covid - dismissal deemed fair by courtArticle

Is it fair to dismiss an employee who came to work, knowing that he was exposed to Covid-19? Absolutely, said the Labour Court in a recent judgment...

Johan Botes 5 May 2021

Legalities of dismissing striking employees, despite compliance with ultimatum
Legalities of dismissing striking employees, despite compliance with ultimatumArticle

Are employers, who issue provisional ultimatums to employees who participate in unprotected strike action, legally allowed to dismiss employees who comply with the ultimatum...?

Jacques van Wyk and Andre van Heerden 5 May 2021

Can your side hustle get you fired?
Can your side hustle get you fired?Article

Relying on a single income may prove unfeasible, but before getting that side hustle off the ground, employees must know what their employment contract states...

20 Apr 2021

Resignation or dismissal? Be aware of what you say...
Resignation or dismissal? Be aware of what you say...Article

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate...

Bradley Workman-Davies 15 Apr 2021

Carrying weapons during strike action can get you dismissed
Carrying weapons during strike action can get you dismissedArticle

The Labour Appeal Court has ruled that employees can be dismissed for carrying weapons during a strike and it is reasonable to expect them to know that this is a dismissible offence...

Lizle Louw, Shane Johnson and Justin de Wet 14 Apr 2021

CCMA rules to reinstate employee dismissed for absence without permission
CCMA rules to reinstate employee dismissed for absence without permissionArticle

The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers...

Mpumelelo Nxumalo, Nivaani Moodley, Shane Johnson and Kgololego Pooe 12 Apr 2021

Business rescue process: Don't disregard the rights of employees
Business rescue process: Don't disregard the rights of employeesArticle

Companies in business rescue have plenty of worries to preoccupy them but legal challenges over retrenchments are not usually at the top of the list...

Rosalind Davey, Chloë Loubser and Nikita Reddy 8 Apr 2021

Railway regulator CEO and board at war with each other
Railway regulator CEO and board at war with each otherArticle

Battle lines drawn over dismissal of company secretary, who has been reinstated by the Labour Court...

James Stent 6 Apr 2021

Why employers can't rely solely on polygraph tests for dismissals
Why employers can't rely solely on polygraph tests for dismissalsArticle

The reliability and relevance of polygraph testing in the employment space have been a persistent issue that is surrounded by a lot of controversies...

Ludwig Frahm-Arp, Tshepiso Rasetlola and Catherine Hendriks 30 Mar 2021

Can staff be dismissed for disregarding Covid-19 protocol after hours?
Can staff be dismissed for disregarding Covid-19 protocol after hours?Article

Employers are within their rights to discipline employees who flout Covid-19 regulations outside of work, which could even result in dismissals...

24 Mar 2021

Labour dispute: choose your words and court wisely
Labour dispute: choose your words and court wiselyArticle

When dealing with a dismissal or unfair labour dispute, the question should be whether the alleged conduct sought to be impugned was fair, not lawful...

Sandile July and Nyiko Mathebula 17 Feb 2021

R45m victory for Prasa
R45m victory for PrasaArticle

In a decision that vindicates Martha Ngoye, an arbitrator has ordered SA Fence and Gate to pay back the money...

James Stent 12 Feb 2021

Ensuring 'proper fitness' of significant owners of insurers in 2021
Ensuring 'proper fitness' of significant owners of insurers in 2021Article

The Financial Sector Conduct Authority and the Prudential Authority published Joint Standard 1 of 2020 on 1 June 2020, which sets out the requirements for fitness, proprietary and other matters related to 'significant owners', as defined and introduced by the Financial Sector Regulation Act...

Christine Rodrigues 4 Feb 2021

Protest against dismissal of Volkswagen shop stewards
Protest against dismissal of Volkswagen shop stewardsArticle

About 30 members of the South African Federation of Trade Unions (SAFTU) protested outside Volkswagen South Africa's main plant in Uitenhage on Wednesday morning...

Thamsanqa Mbovane 4 Feb 2021

Luxor Paints workers awarded R38 million by CCMA
Luxor Paints workers awarded R38 million by CCMAArticle

The Commission for Conciliation, Mediation and Arbitration (CCMA) has awarded about R38 million in back-pay to 181 workers who were dismissed from a paint manufacturing company in 2018, and ordered their reinstatement...

Liezl Human 28 Jan 2021

Let's get constructive about constructive dismissal - you can still be fired
Let's get constructive about constructive dismissal - you can still be firedArticle

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention...

Johan Botes 26 Jan 2021

Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 1)
Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 1)Article

In response to the Covid-19 pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines...

Jason Whyte 15 Jan 2021

10 biggest startup layoffs in 2020 hit 25,500
10 biggest startup layoffs in 2020 hit 25,500Article

The global economy continues to relish from the coronavirus pandemic, with startups emerging as one of the most affected businesses. As a means of remaining afloat, save money, and readjust their business models, most startups have resolved to roll out massive layoffs...

Justinas Baltrusaitis 13 Jan 2021

Dismissed without an enquiry? When is it legal...
Dismissed without an enquiry? When is it legal...Article

Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory...

Bradley Workman-Davies 13 Jan 2021

How to manage retrenchments in turbulent times
How to manage retrenchments in turbulent timesArticle

During the lockdown period from May to June 2020, the CCMA received 28,000 retrenchment cases. While we can expect these numbers to drop with the easing of lockdown regulations, it is imperative that organisations clearly understand the retrenchment procedure and how to ensure both employee and business are protected...

11 Jan 2021

The court is a guardian, not a nanny
The court is a guardian, not a nannyArticle

The Broadcasting Electronic Media and Allied Workers' Union (Bemawu) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [Bemawu & Others v SABC & Others, in the Labour Court of South Africa, Johannesburg, Case Number J1199/20].

Lloyd Abraham and Toka Moiloa 18 Dec 2020

Resigning to avoid disciplinary action? Not so fast...
Resigning to avoid disciplinary action? Not so fast...Article

A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employee to go through any disciplinary process...

Bradley Workman-Davies and Neo Sewela 15 Dec 2020

#BestofBiz 2020: Legal
#BestofBiz 2020: LegalArticle

We've compiled our annual #BestofBiz 2020 lists across all our industries featuring our most popular articles, most-read contributors and brand press offices with the most views. Discover the most read content on Bizcommunity's Legal site over the past year below...

11 Dec 2020

What the rise of short-term rentals means for landlords and tenants
What the rise of short-term rentals means for landlords and tenantsArticle

As the short-term rental market begins to pick up, landlords and tenants alike must take steps to protect themselves while the effects of Covid-19 and an unstable economy continue to disrupt the industry...

9 Dec 2020

Horse grooms can claim UIF, rules CCMA
Horse grooms can claim UIF, rules CCMAArticle

The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that a group of former Dippin Blu Racing horse groomers from Port Elizabeth are entitled to claim unemployment benefits...

Mkhuseli Sizani 1 Dec 2020

Dismissal for depression: discrimination vs misconduct
Dismissal for depression: discrimination vs misconductArticle

In Legal Aid SA v Jansen (LAC), the employer appealed against the Labour Court's decision whereby it held that the dismissal of the employee was automatically unfair in terms of section 187(1)(f) of the Labour Relations Act ("LRA") and that he had been unfairly discriminated against in terms of section 6 of the Employment Equity Act, on the basis of him suffering from depression...

Hlengiwe Skosana 16 Nov 2020

October's free LexisNexis Case Law Index is available - sign up here
October's free LexisNexis Case Law Index is available - sign up hereArticle

The October index of the free, online LexisNexis Case Law repository is now available and, once again, highlights some of the interesting precedent setting cases considered by South Africa's courts recently...

Issued by LexisNexis 13 Nov 2020

Do employers have the right to change an employee's retirement date?
Do employers have the right to change an employee's retirement date?Article

As many people are now forced to work for longer, the question of when an employee is obliged to retire has become topical and much discussed...

Darryn Mer 13 Nov 2020

Much of the West Coast between Elands Bay in the south and Alexander Bay in the north is, or has already been, the target of mining operations. Photos: John Yeld
Court challenge to West Coast beach miningArticle

Government is facing a high court challenge that goes to the heart of a surge in mining and prospecting applications along several hundred kilometres of the West Coast and offshore...

John Yeld 13 Nov 2020

Underperformance is valid grounds for dismissal, but fairness is imperative
Underperformance is valid grounds for dismissal, but fairness is imperativeArticle

Employee underperformance is a valid ground for dismissal in SA labour law, but as always, the process which is followed by an employer to ensure that the dismissal is fair, is all important...

Bradley Workman-Davies 12 Nov 2020

You may retrench employees if they unreasonably refuse to accept changes to employment contracts
You may retrench employees if they unreasonably refuse to accept changes to employment contractsArticle

An extremely important Constitutional Court judgement has been handed down in the Aveng Trident Steel case. Effectively, what this means is that employers can restructure not only by reducing staff numbers but also by changing terms of employment...

28 Oct 2020

New Labour Court decision on constructive dismissal sets high standard for intolerability
New Labour Court decision on constructive dismissal sets high standard for intolerabilityArticle

In the recent judgment of Gold One Limited v Madalani and Others [2020], the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or stressful...

Mpumelelo Nxumalo, Nivaani Moodley and Shane Johnson 16 Oct 2020

Resigning after disciplinary action but before sanction - what is the legal effect?
Resigning after disciplinary action but before sanction - what is the legal effect?Article

The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction...

Mpumelelo Nxumalo, Nivaani Moodley and Shane Johnson 14 Oct 2020

"Life is like a box of chocolates" - you never know when you are going to get (fairly) dismissed
"Life is like a box of chocolates" - you never know when you are going to get (fairly) dismissedArticle

This is the jurisprudentially inspired story of Yoliswa Euphemia Maluleke who was dismissed by her erstwhile employer, Pick & Pay, after 24 years of service on the grounds of having committed various nefarious acts in respect of three boxes of milk chocolates gifted to her and another employee...

Dr. Johannes Jacobus van der Walt 12 Oct 2020

Limited duration employment contracts - unlimited hassles when not properly managed
Limited duration employment contracts - unlimited hassles when not properly managedArticle

Employers use limited duration contracts (LDCs) to create certainty and limit legal risk in respect of staffing solutions. Appointing an employee for a fixed period or defined project allows an employer to plan for the employee's exit in advance. But what happens when the work is not completed by the end date...?

Johan Botes 30 Sep 2020

Covid-19 is no excuse for unfair dismissals
Covid-19 is no excuse for unfair dismissalsArticle

The pandemic brought with it a slew of realisations for business owners; one such an epiphany is how most organisations need fewer employees to remain functional. But using Covid-19 as a reason for retrenching a surplus of employees constitutes unfair dismissal...

10 Sep 2020

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

New draft Afsa International Arbitration Rules published
New draft Afsa International Arbitration Rules publishedArticle

In December 2017, South Africa's International Arbitration Act (IA Act) came into operation. The IA Act incorporated the UNCITRAL Model Law and was intended to bring South Africa's international arbitration laws in line with international standards...

Jackie Lafleur 7 Sep 2020

Scammers prey on vulnerable with 'You're fired!' email
Scammers prey on vulnerable with 'You're fired!' emailArticle

Scammers worldwide have been exploiting people's fears of lost jobs and income during the Covid-19 lockdown by using phishing mails...

Anna Collard 2 Sep 2020

Necessary changes to eliminate violence and harassment in the workplace
Necessary changes to eliminate violence and harassment in the workplaceArticle

On 20 August 2020, the Minister of Employment and Labour in South Africa published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Draft Code), for public comment...

Tiisetso Rabolao and Kirsty Gibson 27 Aug 2020

VUT establishes new law clinic
VUT establishes new law clinicArticle

The Vaal University of Technology (VUT) has succeeded in implementing an uplifting and exciting initiative - a law clinic situated at the VUT Southern Gauteng Science and Technology Park (VUT SGSTP) in Sebokeng...

Nontobeko Zondi, Issued by Vaal University of Technology 19 Aug 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

Labour and employment: rebuilding and restructuring post lockdown
Labour and employment: rebuilding and restructuring post lockdownArticle

With the easing of the nationwide lockdown in response to the Covid-19 pandemic through the Government's "Risk Adjusted Strategy" (comprising of five lockdown levels), more and more business can lawfully operate again. The unfortunate reality, however, is that environment within which businesses will now operate is vastly different to that which existed prior to the lockdown...

Jacques van Wyk, Andre van Heerden and Michiel Heyns 26 Jun 2020

New Era’s parent company, Golden Era, issued suspension notices to 86 workers when they refused to work after at least 12 staff members tested positive for Covid-19. Photo: Supplied by CWAO
86 workers claim "unfair" suspension for absence after colleagues test positive for Covid-19Article

New Era says refusal to work constituted an unprotected strike by workers...

Zoë Postman 25 Jun 2020

How normalcy bias led Boeing to crash into disaster
How normalcy bias led Boeing to crash into disasterArticle

Due to the grounding of its 737 Max airplane following two deadly crashes that killed 346 people, Boeing lost $5 billion in direct revenue by the summer of 2019...

Dr. Gleb Tsipursky 24 Jun 2020

Edcon files to fire roughly 17,000 people, as other retailers struggle
Edcon files to fire roughly 17,000 people, as other retailers struggleArticle

While Edcon issues section 189s to 22,000 workers, mid-sized retailers warn of bigger job-losses if their needs are not heard...

Sasha Planting 18 Jun 2020

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