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 2, 2020 | Latest News
There have been many high profile cases regarding racial insults and the consequences of these for the perpetrator. Shoprite Checkers (Pty) Ltd v Samka and others – (2018) 27 LC 1.11.23 also reported at [2018] 9 BLLR 922 (LC) demonstrates how racial insults...
by Lia Marus | Dec 2, 2020 | Latest News
If you have a procedure in your workplace, you need to follow it. A lot of organisations have complicated procedures that are extremely lengthy. The problem with these – including those regulating the disciplinary process – is that the organisation is...
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 | Nov 30, 2020 | Latest News
Sometimes, at a disciplinary hearing, the chairperson may offer the employee the option to resign instead of undergoing the hearing. The Bargaining Council case below discusses whether or not this is allowed. In Tichawona / Hestony Transport – (2018) 27 NBCRFLI...
