Dismissals
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Derivative misconduct, being at the wrong place at the wrong time
Derivative misconduct, being at the wrong place at the wrong time The applicant approached the Labour Court to set aside an arbitration award in ... -
Lessons from Legal Precedents: When Duty Sleeps
Lessons from Legal Precedents: When Duty Sleeps The high cost of dereliction of duties The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe ... -
Suspended Dismissals
Suspended Dismissals An external chairperson at a disciplinary enquiry dismissed an employee, but subjected the dismissal to a suspensive condition. The sanction of dismissal ... -
Dodgy sick notes? Employers should think again before dismissing based on suspicion
Dodgy sick notes? Employers should think again before dismissing based on suspicion In Woolworths (Pty) Ltd v CCMA and others the Labour Appeal Court ... -
Fishy Business
Fishy Business Don’t get hooked by resignations at the CCMA – Tips for handling resignations the right way. Resignation or Dismissal? The question of ... -
Icala aliboli – Drinking and driving, lies and deceit, still dismissible after a passage of time
Icala aliboli – Drinking and driving, lies and deceit, still dismissible after a passage of time As we near the end of 2024, many ... -
A Workplace Trust Relationship Sustained by Lies
A Workplace Trust Relationship Sustained by Lies Does a delay in instituting disciplinary proceedings negate the breakdown of the trust relationship? The Constitutional Court ... -
From Pension to Penalty: Employers Seeking Damages for Employee Misconduct
From Pension to Penalty: Employers Seeking Damages for Employee Misconduct Withholding of retirement benefits due to loss caused by misconduct. The Basic Conditions of ... -
Tick-Tock on the Termination Clock
Tick-Tock on the Termination Clock Determining the date of dismissal. So, you’ve terminated an employee’s services but aren’t sure of the “date of dismissal.” ... -
Unlawful termination of employment contracts: No automatic right to specific performance
Unlawful termination of employment contracts: No automatic right to specific performance In the Labour Appeal Court (LAC) case of Passenger Rail Agency of South ...
