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...
Tag: Labour Appeal Court (LAC)
No work on public holidays – A gift from the Labour Appeal Court
In terms of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA“), all employees are entitled to a minimum number of days leave per...
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), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an …
Provided By Cliffe Dekker Hofmeyr
#Metoo in the workplace: How to prevent and address sexual harassment
Introduction
Awareness of sexual harassment in the workplace has become particularly pronounced over recent years due to rising awareness on social media platforms following the #METOO...
Dead men tell no tales – But can they be reinstated?
It is trite in employment law that reinstatement is the primary remedy for unfair dismissal under the Labour Relations Act 66 of 1995 as amended...
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 to human error or negligence.
In the case of Drs Dietrich, Voigt and MIA v Bennet CM N.O CA 14/2016,…
Provided By Cliffe Dekker Hofmeyr
The right to fair labour practices – Employers are not without remedies
Employers often complain that our employment laws are skewed in favour of employees. In support of their contention, they often point to the fact that...
Less remorse more punishment – NUM obo Vangile v Eskom
National Union of Mineworkers obo Vangile v Eskom Holdings SOC Ltd [2018] 5 BALR 534 (CCMA)
What is an employer to do when it has (i)...
ConCourt endorses a “rational” war on racism
In the recent judgment of Duncanmec (Pty) Ltd v Gaylard N.O [2018] ZACC 29, the Constitutional Court observed that complaints of racism in the workplace...
Dismissing for insubordination – The Labour Appeal Court gives clarity
In TMT Services and Supplies (Pty) Ltd v CCMA and 2 Others [JA32/2017] the Labour Appeal Court recently had occasion to clarify the issue of...
The right to religion in the workplace – A careful balance between the right and the employer’s business requirements
South African workplaces are not immune to the winds of change blowing towards the direction of the constitutional project. The essence of this project is...
Work permits, foreign employees and legal incapacity
The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of...
Unfair discrimination – What is the burden of proof?
Introduction
In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the...
Limiting employment claims: Protection where it is needed
South African labour laws are renowned as being progressive and protective of employees’ rights, and labour dispute resolution procedures are intentionally designed to provide expeditious...
Promotion after dismissal?
The primary remedy for a substantively unfair dismissal is reinstatement, which aims to place an employee into the position he or she would have held...
Everybody’s fired! – Strike season
South Africa is well into strike season. The corporate and government environments are tense and emotions are running high. A number of trade unions and...
The Constitutional Court gives the final word on Labour Brokers
On 26 July 2018 the Constitutional Court handed down its long-awaited judgment in the Assign Services matter, providing the final say on the correct interpretation...
Ground-breaking judgment: Constitutional Court determines the fate of Labour Brokers
The deeming provision in s198A(3)(b)(i) of the Labour Relations Act (LRA) provides that an employee of a Temporary Employment Service (TES) not performing a temporary...
Consultation during retrenchment – A tale of David and Goliath?
Employers may lawfully terminate an employment relationship on the basis of operational requirements. In terms of s189(1)(a) of the Labour Relations Act, 1995, employers must...
Is there a place for workplace romance in the #MeToo era?
The recent judgment of the Labour Court in Rustenburg Platinum Mines Limited v UASA obo Steve Pietersen is a further clear indication of the seriousness...
