Can employees be dismissed for refusing to accept new terms and conditions of employment?
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be,...
Tag: Dismissal
Time to bail out? – Dismissal for “Operational Incapacity”
Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business...
Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
Court decisions define reinstatement
In terms of the Labour Relations Act, there...
Flying high at work
In September 2018 the Constitutional Court ruled that the private cultivation, possession and consumption of cannabis is legal. This ruling lead to great uncertainty from...
Specific forms of misconduct in the workplace and the necessity for a disciplinary code
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance...
The race card: Not the joker in the pack
In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC),...
Taking your high from home to work – Considering the impact of cannabis on the workplace
Since the Constitutional Court declared the private use of cannabis legal in the matter of Minister of Justice and Constitutional Development and Others v Prince...
Disciplinary enquiries: Procedure, rights and obligations of employer and employees
Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means....
Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud
Employers tend to charge employees who have received financial gain from misconduct with dishonesty or fraud even in cases where the “benefit” can be attributed...
What to consider in eviction orders
In the case of Nederburg Wines (Pty) Ltd v Nero & Others (Nederburg Case) Nederburg Wines Proprietary Limited (Appellant), the registered owner of Nederburg Estate...
