Misconduct
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Think twice before lodging falsified grievances!
Think twice before lodging falsified grievances! It is not uncommon for Employees who are unhappy due to the treatment they may receive, from their ... -
Labour Appeal Court clarifies the requirement for a claim of constructive dismissal based on mental ill health
Labour Appeal Court clarifies the requirement for a claim of constructive dismissal based on mental ill health On 17 August 2023, in the matter ... -
Amendments to the Postponement Application Process at the CCMA
Amendments to the Postponement Application Process at the CCMA It does happen that Employers find themselves being requested to attend the Commission for Conciliation, ... -
“Listen to what Simon says!!! Or else…”
“Listen to what Simon says!!! Or else…” Taking precautions when dismissing an Employee for failure to obey an instruction. In the case of Bidvest ... -
Two for one: The splitting of charges in disciplinary notices
Two for one: The splitting of charges in disciplinary notices The criminalisation of our employment law has met the ire of our judiciary. South ... -
Left High and Dry
Left High and Dry An employee caught on the wrong side of a company’s zero-tolerance policy can be fairly dismissed for testing positive for ... -
Employees who are able to clap hands and sing are able to work
Employees who are able to clap hands and sing are able to work The Labour Court has set aside an arbitration award ordering the ... -
But the Employee failed a polygraph test!
But the Employee failed a polygraph test! Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be ... -
Reporting delayed is not necessarily justice denied (Sexual Harassment)
Reporting delayed is not necessarily justice denied (Sexual Harassment) Should an employee report sexual harassment immediately? The Court found that the Employer still had ... -
Interdicting a Disciplinary Inquiry
Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Nonetheless, such intervention should be utilised sparingly ...
