Results for unfair dismissal

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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, Chloƫ 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

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

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

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

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

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

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

"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

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

Enough of 'OK, Boomer'
Enough of 'OK, Boomer'Article

Ageism is a real problem in the South African job market. Even if a job seeker has an impressive CV and experience that stretches back many years, they might not secure the position they apply for because of their age...

12 Feb 2020

Contract termination vs employee dismissal - how are they interrelated?
Contract termination vs employee dismissal - how are they interrelated?Article

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties' rights and obligations operate in conjunction.

Bradley Workman-Davies 23 Jan 2020

Image source:
Labour department engages agriculture sectorArticle

The Department of Labour is set to engage farmworkers, farmers and labour tenants to assess the working conditions and level of compliance with various pieces of labour legislations...

10 Jan 2020

Importance of justifying fixed-term employment
Importance of justifying fixed-term employmentArticle

Does the termination of an employee's fixed-term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amount to an unfair dismissal...?

Andre van Heerden and Jacques van Wyk 18 Oct 2019

Difference between demand and proposal when trying to save jobs
Difference between demand and proposal when trying to save jobsArticle

The Labour Appeal Court recently handed down judgment in the case of Numsa and others v Aveng Trident Steel and another (2019). The LAC confirmed that Aveng did not breach the Labour Relations Act when it terminated employees for refusing to accept its proposal relating to new terms and conditions of employment, due to redundancy...

Tiisetso Rabolao and Julia Olley 16 Oct 2019

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

Employees at luxury guesthouse win unfair dismissal case
Employees at luxury guesthouse win unfair dismissal caseArticle

"I ran the guesthouse like it was my own place for 15 years ... Now I'm unemployed and soon to be homeless," says Katrina Zwanota, the former manager of theLAB Lifestyle guesthouse outside Robertson, Western Cape...

Barbara Maregele 27 Jun 2019

Legal remedies and recourse for workplace bullying
Legal remedies and recourse for workplace bullyingArticle

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices...

Bradley Workman-Davies 18 Jun 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

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

Taking the pressure out of depression
Taking the pressure out of depressionArticle

The Labour Court recently considered whether the dismissal of an employee on the grounds of misconduct, where the employee suffered from a medical condition which had been made known to the employer, constituted an automatically unfair dismissal and unfair discrimination...

Motheo Mfikoe and Rui Lopes 26 Nov 2018

Incorrect to assume that SA labour laws are one-sided towards employee
Incorrect to assume that SA labour laws are one-sided towards employeeArticle

South African labour laws are renowned as being progressive and protective of employees' rights...

Bradley Workman- Davies 30 Aug 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

Department of Labour to use billion-rand surplus to extend UIF benefits
Department of Labour to use billion-rand surplus to extend UIF benefitsArticle

Sweeping changes to the Unemployment Insurance Act will mean that contributors who lose their jobs can draw benefits for up to a year instead of for eight months...

Annie Cebulski 12 Jun 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

Do SA labour laws apply to foreign nationals?
Do SA labour laws apply to foreign nationals?Article

On 9 May, raids were conducted in China City in Milnerton and Canal Walk in Century City where 25 foreign nationals were arrested for contravening the Immigration Act...

23 May 2018

Paying the price for unfair procedure
Paying the price for unfair procedureArticle

The Labour Court delivered its judgment in the matter of Satawu and Others v Sihlangene Security & Cleaning CC and Another on 27 March 2018, whereby the court showed its displeasure for a complete absence of prior procedure followed when dismissing employees.

Tracy Robbins 17 May 2018

Can an employee be fired for racist rants on Facebook?
Can an employee be fired for racist rants on Facebook?Article

Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair...?

Jacques van Wyk 16 May 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

#MeTooZA - Sexual harassment in the South African workplace
#MeTooZA - Sexual harassment in the South African workplaceArticle

Following the #MeToo campaign going viral, and in the face of this seemingly rampant pattern of sexual harassment in the workplace, what can South Africans legally do to either deal with abuse in the workplace...?

Bradley Workman-Davies 3 Apr 2018

CCMA says Eskom must re-hire Susanne Daniels and give her five months' pay
CCMA says Eskom must re-hire Susanne Daniels and give her five months' payArticle

The Commission for Conciliation, Mediation and Arbitration (CCMA) has found that Eskom suspending head of legal compliance Suzanne Daniels was an "unfair labour practice"...

9 Mar 2018

Voluntary retrenchment may no longer be an easy sell
Voluntary retrenchment may no longer be an easy sellArticle

The current Sars IRP3 Completion Guide, which aids employers in completing tax directive applications for their employees, appears to introduce a distinction between voluntary and involuntary severance benefits...

Stephan Spamer, Lauren Salt, and Ryan McKerrow 9 Mar 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

Could Zuma approach the Employment Tribunal?
Could Zuma approach the Employment Tribunal?Article

With Jacob Zuma finally resigning from the presidency following pressure from the ANC NEC, the question arises on his possible legal remedies should he feel aggrieved at being compelled to vacate his office and official residence...

Johan Botes 15 Feb 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

End-of-year events - do we have a right to party?
End-of-year events - do we have a right to party?Article

Employers have no legal obligation to host a Christmas party or provide an end-of-year function for employees...

Bradley Workman-Davies 27 Nov 2017

What constitutes exceptional circumstances when interdicting disciplinary action?
What constitutes exceptional circumstances when interdicting disciplinary action?Article

When should the Labour Court prevent an employer from exercising its right to take disciplinary action against employees...?

Tracy Robbins 21 Nov 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

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