General

A final written warning with an obligation

In the matter of Paarl Coldset (Pty) Ltd v Singh (DA1/2021) [2022] ZALCD 8, Mr. Singh (Respondent), a shift manager of Paarl Coldset (Applicant), a printing business, was dismissed after an altercation with an employee of a media news company, Ms. Cassim. The altercation which led to the dismissal occurred after the Respondent drove up [...]

2022-12-02T11:56:11+02:00December 2nd, 2022|General|0 Comments

Comparing employees found guilty of the same form of misconduct – Proceed with caution!

It is of the utmost importance that every employer has a reasonable and lawful disciplinary code and applies it consistently. (The importance of a reasonable and lawful disciplinary code will be discussed in another CEO SA article.) Where an employer may go wrong is in some attempt to distinguish between employees who commit the same [...]

2022-11-28T09:42:02+02:00November 28th, 2022|General|0 Comments

Don’t cover your tracks with dishonesty

The Labour Appeal Court in South African Society of Bank Officials (SASBO) and Another v The Standard Bank Of South Africa Limited and Others JA32/2021 had to decide whether the Labour Court correctly set aside a CCMA award in favour of the employee. Ms Frazenburg was charged with dishonesty in that she falsified the bank's [...]

2022-11-18T09:17:24+02:00November 18th, 2022|General|Comments Off on Don’t cover your tracks with dishonesty

Labour Court reinforces its zero-tolerance stance on unfair dismissals related to maternity leave

Dismissals related to pregnancy are considered automatically unfair in line with Section 187 of the Labour Relations Act 66 of 1995. The Labour Court has strengthened this position in the case of Brandt v Quoin Rock Wines C152/2021, where an employer had attempted to retrench an employee, who had returned from maternity leave, on the [...]

2022-11-16T14:38:58+02:00November 16th, 2022|General|Comments Off on Labour Court reinforces its zero-tolerance stance on unfair dismissals related to maternity leave

Can an employee claim that they have been unfairly demoted, even though their salary and benefits remain the same?

The Labour Relations Act, under section 186 (2)(a), describes a demotion as an unfair labour practice. The section reads as follows: (2) “Unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – (a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes [...]

2022-11-10T14:54:49+02:00November 10th, 2022|General|Comments Off on Can an employee claim that they have been unfairly demoted, even though their salary and benefits remain the same?

What Happens When You Retire from Retirement?

It is generally difficult in these times for a person to retire comfortably, and according to the South African Treasury, it is estimated that only 6 out of 100 South Africans can retire comfortably. In the current state of our economy, it makes it even more difficult. It is sometimes necessary for someone to work [...]

2022-11-08T13:30:35+02:00November 8th, 2022|General|Comments Off on What Happens When You Retire from Retirement?

Reporting delayed is not necessarily justice denied (Sexual Harassment)

Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. In the matter of Solidarity obo B v South African Police Service and Others (P 03/19) [2022] ZALCPE 26, Captain B was employed by the South African Police Service (SAPS). During [...]

2022-11-03T11:18:33+02:00November 3rd, 2022|General|Comments Off on Reporting delayed is not necessarily justice denied (Sexual Harassment)

When is it simply not working out: An overview of incompatibility in the workplace

A profound statement was made in Jabari v Telkom SA (Pty) Ltd 2006 10 BLLR 924. It was said that "An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace". This reintegrated the importance of good working interactions and relationships among colleagues. Each company has its own [...]

2022-10-31T13:13:36+02:00October 31st, 2022|General|Comments Off on When is it simply not working out: An overview of incompatibility in the workplace

The Impact & Challenges that a Company Faces when an Employee Leaves

One of the difficulties an employer may face in business is staff turnover, which can lead to a loss of operational capacity and skills needed to perform a business's functions, ensuring productivity. Continuity is essential for the effective operation of a business. It may cost an employer time, effort, and money to find a new [...]

2022-10-31T12:09:44+02:00October 31st, 2022|General|Comments Off on The Impact & Challenges that a Company Faces when an Employee Leaves

The face behind the mask – The harsh reality of cost orders

We live in a time where it is not unprecedented for parties to refer labour disputes to the Courts, CCMA or Bargaining Councils. Daily, parties disagree, and labour disputes arise (whatever the reason may be), and this will surely happen in the foreseeable future as well. With the number of labour disputes being referred and [...]

2022-10-26T13:02:47+02:00October 24th, 2022|General|Comments Off on The face behind the mask – The harsh reality of cost orders
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