Misconduct
-
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events In the recent case of NEHAWU obo ... -
Throwing in the Towel in Tolerable Circumstances
Throwing in the Towel in Tolerable Circumstances When resignation may only be the calm before the storm. Receiving an employee’s resignation may appear to ... -
Commissioners Crossing the Line
Commissioners Crossing the Line When impartiality is lost, fairness follows suit. In South Africa’s labour dispute resolution framework, the Commission for Conciliation, Mediation and ... -
The truth and a competent verdict – A fair dismissal for refusing to submit to truth verification testing
The truth and a competent verdict – A fair dismissal for refusing to submit to truth verification testing In the matter between Food and ... -
Reinstatement, Back Pay, and Employer Obligations
Reinstatement, Back Pay, and Employer Obligations Mr Mavundla was dismissed by Gotcha Security Services on 6 March 2019. The CCMA reinstated him with effect ... -
Navigating breaches of ‘zero-tolerance’ policies in the workplace – dismissal not always the appropriate response
Navigating breaches of ‘zero-tolerance’ policies in the workplace – dismissal not always the appropriate response Zero-tolerance drug and alcohol policies have been under the ... -
‘Just following orders’ not a defence, says the Labour Court
‘Just following orders’ not a defence, says the Labour Court In the matter between Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224, the ... -
Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe?
Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe? In Public Investment Corporation v More and others, handed down on 16 April 2025, the ... -
Can an employee ever say that the right to discipline has prescribed?
Can an employee ever say that the right to discipline has prescribed? As the law on prescription is relatively well settled, it is not ... -
Broken Trust
Broken Trust The link between the breakdown of the trust relationship and the appropriateness of a sanction in misconduct disputes. The trust relationship in ...
