Latest Articles
Dismissal related to sex-change ruled unfair
The Labour Relations Act (LRA) makes it perfectly clear in section 187(1)(f) that a dismissal is automatically unfair if the reason for the dismissal is “that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground,...
Angloplats are right to sue AMCU
Almost a month ago, it was announced that Anglo American Platinum was taking the unprecedented step of suing a trade union (AMCU) for a minimum of R591 million damages for costs associated with protection services overtime, lost production due to non-strikers being...
A trap or entrapment?
Our firm is frequently asked by clients, whether it is permissible to ‘lay a trap’ for staff suspected of, for example, dishonesty. Let’s for example, use the example of an employer suspecting that a receiving clerk is a member of a syndicate, which includes the...
An alleged breakdown in trust must be proved
Accidents with employees at the wheel of company vehicles do arise from time to time. However, in the Labour Appeal Court case of Edcon Ltd v Pillemer, the CCMA & 1 other (DA4/06), the court had to deal with a circumstance in which an employee’s son had an...
10 requirements for a fair dismissal
Approximately 50% of all arbitrated alleged unfair dismissal cases resulting in it being held that the dismissals were indeed unfair, thereby begging the question – what blocks must be ticked to render a dismissal fair? The ten requirements for a fair dismissal are:...
The vagaries of hospitality industry labour relations
The hospitality industry is one of the fastest growing sectors in the South African economy. Most of the excess hotel room capacity built in anticipation of the 2010 soccer World Cup has since been absorbed by an impressive growth in tourism, fueled in large part by...
The dismissal of incarcerated staff requires caution
Employers have, for some time, toiled with the vexed question of to how to deal with incarcerated employees. This also relates to the procedure employers should follow when an employee is arrested or detained by the South African Police Services for a lenghty period,...
Can a resignation be withdrawn?
The courts, CCMA and Bargaining Councils are, on occasion, faced with cases which deal with the question of whether, or not, an employee has resigned, and if so, whether the employee was entitled to withdraw his or her resignation. It can occur that an employee...
Expired warnings can still justify dismissal
Disciplinary procedures and codes, amongst other things, clarify the validity periods of varying degrees of disciplinary warnings (sometimes referred to as sanctions). Validity periods vary from company to company; but typically verbal warnings are valid for three...
Changing job content is not always unfair
The changing of an employee’s job content is frequently a highly sensitive and troublesome process which often has the potential to spawn individual labour disputes, and at times, collective conflict. It is not uncommon for employers to hear the refrain, “ .. but...
Ill health absenteeism requires investigation
Prolonged employee absenteeism due to ill health presents employers with a conundrum as lengthy or habitual absenteeism impacts on productivity. One thing is certain, employers may not simply dismiss employees who are absent for a lengthy period, or have a pattern of...
SETA accredited training is the key to discipline competence
Regardless of the raft of imminent labour law amendments and the introduction of yet further regulation in workplace law, one thing will remain constant. Discipline and dismissal will continue to account for in excess of all labour disputes country-wide. This should...