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 [...]
Many employers are faced with an uncomfortable situation where an employee lodged a false grievance against another employee as an intimidation or retaliation tactic. Some employers may be too cautious about taking disciplinary steps because they are under the impression that it may amount to an automatically unfair dismissal. Section 187(1)(d) of the Labour Relations [...]
For years employers have made use of breathalyser tests to establish whether a person is intoxicated. The breathalyser test is generally accepted as sufficient proof that an employee is under the influence of alcohol. It’s important to note that what matters is not whether the employee is intoxicated, but rather it’s whether the employee is [...]
Procedural fairness is the yardstick by which employers’ pre-dismissal actions are measured. Section 188(1)(b) of the Labour Relations Act (hereinafter referred to as the LRA) requires that a dismissal must be affected in accordance with a fair procedure. In terms of section 193(2)(d) of the Labour Relations Act, an employee whose dismissal is only procedurally [...]
In the case between Company A and Union B obo 34 Members. All employees identified present at the strike action were found guilty of Derivative Misconduct. The Applicants challenged procedural fairness on the basis that they were denied a right to be represented at the hearing and as a result were not given the [...]
With the rapid growth of the use of social media, it may be necessary to regulate or provide guidelines to such use in the absence of legislation regulating the same, especially in an era where more and more employees are dismissed for "social media misconduct". Social media has become one of the most prominent [...]