A dismissal is considered automatically unfair when it occurs for reasons that violate fundamental employee rights protected by law. Section 187 of the Labour Relations Act (LRA) sets out specific grounds that render a dismissal automatically unfair, including participation in protected strikes, pregnancy, and acts of discrimination. This infographic outlines what constitutes an automatically unfair [...]
Dismissals for poor work performance fall under the category of incapacity and must be handled in line with the principles of fairness outlined in the Code of Good Practice: Dismissal under the Labour Relations Act. This infographic provides a clear framework for determining whether a dismissal related to poor performance is substantively and procedurally [...]
Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains that they resigned voluntarily. The difficulty in distinguishing between the two can lead to significant disputes, making it crucial for [...]
In the case of Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381 (8 October 2024), the Labour Court examined an important issue regarding an employee's entitlement to back pay following reinstatement. The case sets a critical precedent for situations where an employee, despite being reinstated, is instructed by their employer to stay home [...]
The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October 2024) present crucial insights for employers navigating the sensitive interplay between operational needs and religious accommodation in the workplace. Initially, [...]
In a recent case, dealt with by CEOSA on behalf of one of our members, the CCMA addressed a complaint of unfair discrimination on the grounds of race. This ruling provides key insights for employers regarding the importance of maintaining fair and consistent employment practices to avoid claims of racial discrimination. It further explains the [...]
Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or indirectly, against any Employee in any employment policy or practice. Such discrimination includes race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, [...]
An interesting Labour Appeal Court (LAC) judgment, Mgaga v Minister of Justice and Correctional Services and Others (DA 17/21) [2024] ZALAC 8; [2024] 7 BLLR 699 (LAC); (2024) 45 ILJ 1576 (LAC) (11 April 2024), upheld an employer’s decision to dismiss an employee with 29 years of spotless service. The case highlights a vital lesson [...]
Probation, or the probation period for that matter, is a period that is used to assess and measure the suitability of the employee for the role, as well as to measure the performance of the employee during this time. Naturally, there will be instances whereby it becomes apparent, or it appears that the employee’s performance [...]
In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand, AMCU claimed that the five members were dismissed around 31 August 2016 for simply exercising their rights by joining the union and encouraging others [...]