by Gerda | Sep 26, 2023 | Latest News
In the case of REEFLORDS PROPERTY DEVELOPMENT (PTY) LTD V ALMEIDA (JA72/2020) [2022] ZALAC 8, an employee was called into a meeting with three senior colleagues to discuss a transfer. She was told she had to move out of the sales department and into the employer’s...
by Global Business Editor | Nov 23, 2022 | Latest News
In the case of Coldset (Pty) Ltd v Singh DA 1 2021 2022 ZALACD 8 2 June 2022 an employee exited the premises by driving down a one-way lane. To avoid colliding with an oncoming vehicle, he drove his vehicle backwards. A fellow colleague’s son told the employee...
by Global Business Editor | Nov 9, 2022 | Latest News
The employee was employed by the employer as a financial manager. She was earning a gross salary of R50000 per month at the time of her dismissal on 30 November 2020. She had received IVF treatment as a single person in January 2019 and became pregnant with a due...
by Lia Marus | May 12, 2021 | Latest News
In the case of Chikwangu v Screening and Earthworks (2021) 30 CCMA 7.1.1 & 1BALR 17 (CCMA) it is shown that if an employee signs a settlement agreement – and accepts severance pay – he is not able to lodge an unfair dismissal dispute further down the...
by Lia Marus | Dec 7, 2020 | Latest News
Time and again, we see cases coming through the employment law forums, in South Africa that hinge on the consistency of actions performed by employers. The case of JDG Trading (Pty) Ltd t/a Supply Chain Services v Myhill NO and Others (JR958/16) [2018] ZALCJHB 287 (11...
by Lia Marus | Dec 4, 2020 | Latest News
Gross insubordination is grounds for dismissal. However, it is not always cut and dried as can be seen with the case of SAMWU, AA Dawood v eThekwini Municipality, The South African Local Government Bargaining Council Commissioner & Ndaba N.O – Case No:...
by Lia Marus | Dec 3, 2020 | Latest News
In the case of Duncanmec (Pty) Ltd v Gaylard, J N.O. and Others, the Constitutional Court handed down judgment in an application for leave to appeal against a ruling of the Labour Court. This judgement upheld a decision of the Metal and Engineering Industries...
by Lia Marus | Dec 1, 2020 | Latest News
One of the most significant reasons for misconduct cases not succeeding is that the conduct, which an employee is punished for, was committed by another employee and he or she was not disciplined or given the same penalty for it. In other words, the employer did not...
by Lia Marus | Oct 6, 2017 | Latest News, Newsletters
by Robyn Evans Over the past few years, government has created several structures that allow business to benefit from workplace entrants. As a result, many businesses have taken on people who are entering the working world, some for the first time. My question is: how...
by Global Business Editor | Aug 30, 2017 | Latest News
A dismissal can take a number of forms. These categories are dismissals for misconduct, incapacity (ill health or poor performance) and operational requirements. In addition, a dismissal can also be automatically unfair. In the latter category, it is not necessary to...
