Dismissal due to the breakdown of the trust relationship
Issue
Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
Summary
Where an employee...
Andre Van Heerden
Andre Van Heerden advises on Commercial employment transactions arising during mergers and acquisitions; Employment litigation and dispute resolution; Employment law compliance audits and due diligence investigations; Corporate restructures; Restraints of trade; Employment contracts; Disciplinary codes and procedures; Grievance procedures Advice on dismissals related to misconduct, poor performance, ill-health and operational requirements; Occupational health and safety; Mine health and safety and Forensic investigations.
False allegations of racism may be grounds for dismissal
Issue
Whether an employee who makes a false allegation of racism against another employee can be dismissed?
Summary
Employees can be dismissed for making false accusations of racism.
Facts
In...
Draft Code Of Good Practice on the Preparation and Implementation of Employment Equity Plans
On 30 September 2016 the Department of Labour published a draft Code of Good Practice on the Preparation and Implementation of Employment Equity Plans (“Code”)...
Is an employee on a fixed term contract entitled to a 13th cheque?
ISSUE
Whether an employee employed on a fixed term contract is entitled to be paid a 13th cheque where his contract does not provide for one but...
