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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]