In this article of our “Mind Your Own Business” series, we shift our focus to a crucial aspect that underpins a thriving and sustainable work environment - the importance of loyalty and trust in the employer-employee relationship. As a business owner, protecting your business interests goes hand in hand with safeguarding the livelihood of [...]
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 [...]
Are employers, at arbitration, obliged to lead evidence that the trust relationship had broken down to justify the sanction of dismissal? Our courts have dealt with this issue on several occasions and more recently in Impala Platinum Ltd v Jansen & Others (2017) 38 ILJ 896 (LAC). In summary, the employee was employed as a [...]