There comes a time that every employer will probably have to attend a matter at the Commission for Conciliation, Mediation and Arbitration (CCMA) or possible other Bargaining Council at some point in their ownership of a company. This is not something anyone wants to deal with but, unfortunately, cannot be left in the hope that [...]
Derivative misconduct arises when an employee is aware of information that would allow an employer to identify wrongdoers, but they fail to come forward and provide the employer with such information. Derivative misconduct is usually applied in the context of strikes where there is a breach of picketing rules, and an employer wants to act [...]
In a recent judgment handed down in the matter of Bernadette Enever v Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd (JS633/20 and JS926/20) LC, the Labour Court upheld the dismissal of an employee for the breach of the employer’s zero-tolerance Alcohol and Substance Abuse policy whereby the employee repeatedly tested positive for the [...]
The Labour Relations Act places the trust relationship between the employer and employee at the heart of the employment relationship. Therefore, it can be assumed that an act of misconduct would impact that trust relationship and render continued employment impossible. While that may seem like the logical basis for dismissal, employers are cautioned against making [...]
Absconsion is defined as an instance where an employee leaves their workplace with no intention to return. Employers usually fall into the trap of assuming that if an employee has absconded, the relationship ends without any effort on their side however, there is a duty on the employer to ascertain that the employee has indeed [...]
Most Employers are aware that when an employee is dismissed, that dismissal must be procedurally and substantively fair. Failing one or the other, a Commissioner at the CCMA or a Bargaining Council will deem the dismissal to be unfair, and an employer will find themself on the receiving end of an adverse arbitration award. The [...]
Employers have the right to discipline and even dismiss employees for misconduct that occurs outside of the workplace if it can be shown that there is a link between the misconduct and the employer, its operational requirements, and where it occurred within the context of the working relationship. The Labour Appeal Court confirmed this aspect [...]
Social media has changed the way in which we communicate both personally and professionally. Facebook, Twitter, Instagram, WhatsApp, Telegram, YouTube etc., are a few of the social media platforms which are used by many for the purpose of sharing personal views. Many employees are of the view that what they share on social media, especially [...]
In its simplest form, insubordination is a refusal to follow lawful and reasonable instructions given by an employer. Insubordination may manifest itself either directly or indirectly. An example of direct insubordination would be when the employer instructs the employee to perform a task and the employee states, "I will not" or, "I refuse". An example [...]
An arbitrator must issue a written award with brief reasons within a time frame that allows the CCMA or a Bargaining Council to hand down the award within fourteen (14) days after the arbitration process. It is helpful to know and understand the structure of such an award before heading into an arbitration. It allows [...]