Can an employee challenge a Final Written Warning during a claim for Unfair Dismissal?

During an arbitration, an employee would often raise as a defence that a final written warning was issued unfairly or without reason and therefore should not be considered by the Commissioner when issuing an award. Should this line of argument be entertained, and what is the CCMA’s stance?   The matter of Kock v Commission [...]

September 17th, 2020|Dismissal|

Can the dismissal of an individual employee be deemed an automatically unfair dismissal in terms of section 187(1)(c) of the LRA?

Section 187(1)(c) of the LRA provides that a dismissal will be automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer.   In the recent decision of Jacobson, Merwyn Jack v Vitalab (JS1042/19) [2019] ZALCJHB [...]

September 17th, 2020|Dismissal|

Actions detrimental to your Case: Exercise caution in the use of Blanket Charges

Adopting a comprehensive disciplinary code and procedure is important for every employer to ensure that charges and sanctions fit the transgression. The consequences of a flawed disciplinary code can result in an adverse award in an arbitration hearing.   A practice frequently used by employers is to use all-encompassing charges, for example, “Actions detrimental to [...]

September 17th, 2020|Dismissal|

What Constitutes a “benefit” when dealing with an unfair Labour Practice in terms of Section 186(2)

Employers often deal with disputes referred to the CCMA as an unfair labour practice relating to benefits. The CCMA and Labour Court have however faced much uncertainty over the years with what constitutes a “benefit” in terms of Section 186(2) of the Labour Relations Act 66 of 1995.   The uncertainty surrounding the concept of [...]

September 16th, 2020|General|

The odd one out…incompatibility as a form as incapacity

During the last few years, there has been an increased focus on interpersonal relationships in the workplace. Ever so often, employers may be confronted with a situation where one employee may not be compatible with the workplace dynamic and in extreme cases may disrupt workplace harmony. The questions many employers are confronted with are: - [...]

September 14th, 2020|General|

Social Media Misconduct in the Workplace

With the rapid growth of the use of social media, it may be necessary to regulate or provide guidelines to such use in the absence of legislation regulating the same, especially in an era where more and more employees are dismissed for "social media misconduct".   Social media has become one of the most prominent [...]

September 9th, 2020|General|

Dealing with probationary employees – what are my responsibilities as an employer?

In the context of incapacity, the concept of probation is often incorrectly interpreted by employers who believe that they are within their right to simply terminate the employment contract after an unsuccessful probation period. This misunderstanding of what an employer’s responsibilities entail towards a probationary employee may often lead to costly consequences at the CCMA. [...]

September 7th, 2020|Contracts|