dismissal

Clear Boundaries: Supporting Disabilities While Enforcing Discipline

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, [...]

2024-11-04T10:24:48+02:00November 4th, 2024|General|0 Comments

Termination During the Probation Period

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 [...]

2024-10-21T10:38:39+02:00October 21st, 2024|Theme|Comments Off on Termination During the Probation Period

Lessons from Legal Precedent – Allegations of Victimisation & Dismissal for Union Activities

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 [...]

2024-10-01T15:04:47+02:00September 30th, 2024|Dismissal|1 Comment

Mind the Gap: Labour Court Rules on Mental Health and Misconduct in the Workplace

As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa (PetroSA) Case no C564/2019, 9 July 2021), the Labour Court had to consider whether the dismissal of an employee for [...]

2024-08-21T13:57:16+02:00August 19th, 2024|General|Comments Off on Mind the Gap: Labour Court Rules on Mental Health and Misconduct in the Workplace

Automatic Termination Clauses – Problematic Clauses in Employment Contracts

Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project. In South African labour law, the validity and enforceability of these clauses have been [...]

2024-07-29T11:44:04+02:00July 29th, 2024|Theme|1 Comment

Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]

2024-06-14T10:28:36+02:00June 14th, 2024|Dismissal|Comments Off on Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|Comments Off on Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

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
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