trust

The Impact of Misconduct on the Trust Relationship

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 [...]

2022-06-14T10:55:16+02:00June 14th, 2022|Dismissal, General|Comments Off on The Impact of Misconduct on the Trust Relationship

Leading Evidence on the Irretrievable Breakdown of the Trust Relationship at Arbitration

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 [...]

2018-03-09T16:45:12+02:00March 9th, 2018|General|Comments Off on Leading Evidence on the Irretrievable Breakdown of the Trust Relationship at Arbitration
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