Misconduct
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Indulging in Forbidden Fruit, Reserved for the Labour Appeal Court.
Indulging in Forbidden Fruit, Reserved for the Labour Appeal Court Yielding to the Seductive Power of a Lucid Argument The test for reviewing and ... -
The Use of a Lock-out and Replacement Labour During a Suspended Strike
The Use of a Lock-out and Replacement Labour During a Suspended Strike December 2024 An employer who embarks on a lock-out may not, as ... -
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.” ... -
The Importance of Speed in Labour Matters
The Importance of Speed in Labour Matters November 2024 Prompt disciplinary action is a fundamental requirement of a fair procedure. Where an employer fails ... -
Pre-arbitration minute or not?
Pre-arbitration minute or not? The recent judgment of the Labour Appeal Court (LAC) in Mbeje and Others v Department of Health: KwaZulu-Natal and Others ... -
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 ... -
Shopping for the best result – do you pursue an unfair dismissal dispute or a breach of contract dispute
Shopping for the best result – do you pursue an unfair dismissal dispute or a breach of contract dispute Can employees pursue a claim for ... -
LAC confirms that conciliation is a necessary step when challenging the substantive fairness of retrenchments post-facilitation
LAC confirms that conciliation is a necessary step when challenging the substantive fairness of retrenchments post-facilitation On 10 September 2024, the Labour Appeal Court ... -
Red means stop – LAC confirms appropriateness of dismissal based on totality of evidence
Red means stop – LAC confirms appropriateness of dismissal based on totality of evidence A recent decision by the Labour Appeal Court (LAC) in ...
