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Searching Content from South Africa indexed under Unfair/ Wrongful Dismissal ordered by Published Date Descending.
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1
Admitting Hearsay Evidence: The Legal Principles
Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings
South Africa
29 Sep 2019
2
Can Your Employer Tell You How To Dress?
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
South Africa
30 Jul 2019
3
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
4
When Will Operational Requirements Justify The Dismissal Of Employees Who Reject An Employer's Demands To Amend Terms And Conditions Of Employment?
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
South Africa
24 Jul 2019
5
Does Section 187(1)(C) Of The LRA Apply To Individual Dismissals?
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
South Africa
18 Jul 2019
6
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
7
Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
South Africa
8 Jul 2019
8
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
South Africa
13 Jun 2019
9
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
South Africa
4 Jun 2019
10
Just Because Some Employees Are On Strike Doesn't Mean That All The Employees Are On Strike
The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.
South Africa
8 May 2019
11
Pre-Suspension Hearings, No More?
Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena).
South Africa
3 Apr 2019
12
Oh No, The Board Resolved That We Must Retrench Employees, Does That Mean Those Dismissals Are Already Unfair?
For many a human resources manager and in-house legal counsel, the language of the resolution taken at a board meeting or recorded in the minutes of that meeting in respect of the need to embark upon a retrenchment exercise is a cause for concern.
South Africa
27 Mar 2019
13
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 2019
14
Suspending Your Employee. The Long And The Short Of It
The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that ‘there is no requirement' for an employer to afford an employee an opportunity to make representations.
South Africa
1 Mar 2019
15
Commercial Law In South Africa
The Republic of South Africa ceased to be a member of the British Commonwealth of Nations and became an independent republic in 1961. After 1994 it rejoined the Commonwealth.
South Africa
19 Dec 2018
16
What Happens When Negative Information Comes To Light Concerning Successful Job Applicants?
In Eskom Holdings v Fipaza & others [2013] 34 ILJ 549 (LAC), in 2006 Ms Fipaza, an employee at Eskom agreed with it that she would go overseas to further her studies but failed to return by a certain agreed date.
South Africa
10 Dec 2018
17
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
18
Fair Inconsistency In Imposing Sanctions On Striking Employees
Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
South Africa
10 Oct 2018
19
Promotion After Dismissal?
This is calculated on the basis of the terms and conditions that the employee was subject to at the date of dismissal.
South Africa
24 Aug 2018
20
Does The Prescription Act Apply To Unfair Dismissal Disputes In Terms Of The LRA?
Once again, a differently constituted Constitutional Court adopted differing approaches in three lengthy and detailed judgments.
South Africa
13 Apr 2018
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