dismissal

When Age Matters: Retirement or an Automatically Unfair Dismissal?

South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA), which deems dismissals automatically unfair for arbitrary reasons such as age discrimination. Such dismissals can carry significant financial repercussions for employers. However, an exception is outlined in Section 187(2)(b) [...]

2023-12-13T10:26:46+02:00December 13th, 2023|General|Comments Off on When Age Matters: Retirement or an Automatically Unfair Dismissal?

‘Tis the Season to be Responsible

With the festive season soon approaching, many employees are counting down the days until they can close their business doors for 2023 and commence their annual leave. Unfortunately, for some, the festive season is either peak work season based on the business operations requirements, or they must continue working on a skeleton staff complement throughout [...]

2023-12-08T13:06:03+02:00December 8th, 2023|General|Comments Off on ‘Tis the Season to be Responsible

Big Little Lies: Why Being Honest On Your CV Is Important

Standard practice has always been that one’s Curriculum Vitae (‘CV’) should be an accurate and up-to-date representation of one’s professional career. This allows prospective employers an opportunity to make informed decisions for their respective companies. There, however, has been a trend amongst job seekers to oversell their qualifications, experiences, and memberships. Although this seems like [...]

2023-12-04T09:15:05+02:00December 4th, 2023|General|Comments Off on Big Little Lies: Why Being Honest On Your CV Is Important

To Suspend or not to Suspend, that is the Question

It has become quite common in arbitration proceedings that the Applicant would raise the point that the trust relationship between the employer and employee had not been irretrievably broken insofar as the employer did not suspend the employee prior to the dismissal process. This can result in Commissioners making rulings without fully appreciating the nature [...]

2023-10-31T10:22:22+02:00October 9th, 2023|General|Comments Off on To Suspend or not to Suspend, that is the Question

Can you dismiss an Employee for failing a polygraph test?

Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, “Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?” In answering these questions, it [...]

2023-07-11T14:41:29+02:00April 12th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Can you dismiss an Employee for failing a polygraph test?

Refusal to work overtime does not amount to insubordination

At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services beyond their contractual hours, commonly known as “overtime”. Overtime is essentially an instruction that requires an agreement, an [...]

2023-07-11T14:41:32+02:00April 5th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Refusal to work overtime does not amount to insubordination

Why consistency is key in dealing with workplace misconduct

A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency." The term “consistency” should be seen as "treating like with like" or "measuring all by the same standard". In other words, it would be unfair to treat people who have committed similar acts of [...]

2023-07-11T14:41:36+02:00March 29th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Why consistency is key in dealing with workplace misconduct

Do what Simon Says. Or else.

In the case of Bidvest Protea Coin (Pty) Ltd v South African Transport and Allied Workers Union and Others  (2023) 32 LAC 1.11.12 also reported at [2023] 3 BLLR 195 (LAC), the Employee was a security guard that was stationed at a casino. The Employee was instructed to escort a wanted man to an interview [...]

2023-03-22T14:42:54+02:00March 22nd, 2023|Arbitration, Labour Relations Act|Comments Off on Do what Simon Says. Or else.

Can an Arbitration Award be enforced despite pending Review proceedings?

Arbitration Awards are binding & remain enforceable despite an application to the Labour Court for Review. Once a CCMA matter has been arbitrated, the Commissioner will issue an Arbitration Award within fourteen (14) days. CCMA Awards are final and binding, and there is no Appeal process regarding Arbitration Awards. They are, however, subject to Review [...]

2023-03-13T09:42:45+02:00March 7th, 2023|Arbitration|1 Comment

Left high & dry!

Since the Constitutional Court’s judgement in Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC) declaring the decriminalisation of the use, possession and cultivation of cannabis by an adult in a private place for their personal consumption, there seems to be a high belief that employers can [...]

2023-03-01T14:55:27+02:00March 1st, 2023|Dismissal|Comments Off on Left high & dry!
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