At the last session of the Annual Labour Law Update 2021, which happens on 30 November, Johnny will be dealing with these cases.
- In Wulana v Boxer Superstores (Pty) Ltd – (2021) 30 CCMA 8.37.1, a manager was dismissed for authorising the sale of liquor when selling alcohol was prohibited under the Disaster Management Act 57 of 2002 (DMA).
The employee referred her dismissal to the CCMA. The employee claimed that she was acting on the instructions of the Branch Manager. In addition, other employees who had loaded the customer’s truck, were not dismissed.
In Solidarity obo Kruger v Transnet SOC Ltd t/a Transnet National Port Authority and others – (2021) 30 LAC 1.11.21, a Marines Operation Manager was dismissed at a pre-dismissal arbitration (section 188A of the LRA).
He was dismissed for failing to enforce attendance on Christmas Day in 2016 and intimidation. The dismissal was upheld on review to the Labour Court (LC).
On appeal, the Labour Appeal Court (LAC) noted that the Tugboat Captain had been found not guilty. The Commissioner had concluded that the employee should have had a contingency plan for Christmas Day.
Whilst the intimidation was serious, the anger was not without justification.
This case ended up at the Labour Appeal Court.
Find out what the outcomes of these cases were at the last session of #ALLU2021. Follow this link to book: .