by Lia Marus | May 17, 2021 | Latest News
In the case of Mtshweni v Smollan Sales and Marketing (Pty) Ltd – (2021) 30 CCMA, the employee, who was working as a merchandiser, was dismissed after a disciplinary hearing was held for failing to report for duty between 31 March and 16 April 2020. In the...
by Lia Marus | Oct 31, 2017 | Latest News
For a dismissal to be valid, it needs to be both procedurally and substantively fair. (To read more about what “substantive fairness” is read our article entitled What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?) Temporary Employment Services (TES) have been...
by Global Business Editor | Aug 17, 2017 | Latest News, Newsletters
Disciplinary hearings are never a pleasant experience for either the employer or employee. These can be made even more onerous for you, the employer. This is if you do not abide by the rules of fairness prescribed for these procedures. If you are suspected of not...
by Global Business Editor | Aug 19, 2011 | Gazettes, Labour Law Updates, Latest News
This has been hailed as a landmark decision in the context of dismissal on the basis of an employee’s status. In the Allpass decision, the employee claimed that his dismissal on the basis of his HIV status constituted an automatically unfair dismissal, alternatively...
by Global Business Editor | Jul 22, 2011 | Gazettes, Labour Law Updates, Latest News
After undergoing a breathalyzer test, which registered 0.028% of alcohol in his bloodstream, the employee, a cleaner, was dismissed for being under the influence of alcohol during working hours. He admitted that he had consumed alcohol the night before reporting for...
