dismissal

Time is Money

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 [...]

2024-11-14T12:59:01+02:00November 14th, 2024|Theme|Comments Off on Time is Money

Keeping the Faith (and the Job)

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, [...]

2024-11-11T13:12:09+02:00November 11th, 2024|Dismissal|Comments Off on Keeping the Faith (and the Job)

Breaking Barriers

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 [...]

2024-11-11T09:03:20+02:00November 11th, 2024|Theme|Comments Off on Breaking Barriers

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|Comments Off on Clear Boundaries: Supporting Disabilities While Enforcing Discipline

High Stakes: When Misconduct Trumps a 29-Year Unblemished Record

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 [...]

2024-11-04T10:38:45+02:00November 4th, 2024|Theme|Comments Off on High Stakes: When Misconduct Trumps a 29-Year Unblemished Record

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
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