by Lia Marus | Jan 13, 2021 | Latest News
Section 23 of the Constitution of the Republic of South Africa states that everyone has the right to fair labour practices. This is the basis of the Labour Relations Act (LRA). In the case of LONG V SOUTH AFRICAN BREWERIES (PTY) LIMITED AND OTHERS; LONG V SOUTH...
by Lia Marus | Jan 12, 2021 | Latest News
In the case of University of Kwa Zulu Natal v Pillay and Others Case No: DA09/2015, the issue of when an employee will be liable for the costs of an appeal and a review were considered in the Labour Appeal Court. The employee admitted that he had lied to a tribunal...
by Lia Marus | Dec 18, 2020 | Latest News
Should it be found that an employee has been unfairly dismissed, the usual remedy is re-instatement. The case of South African Municipal Workers’ Union and another v Ethekwini Municipality and others – (2019) 1 BILLR 46 (LAC) discusses this further.An employee was...
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 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...