Unfair Dismissal Archives | Insights into The Law in South Africa

Unpacking probation – What are Employer’s obligations towards the Probationary Employee during the period of probation

Introduction: Item 8 of the Code of Good Practice: Dismissal – which is incorporated into the Labour Relations Act 66 of 1995, deals with all issues relating to the probation period of the Employee. According to the aforementioned Code of Good Practice, an …

Provided By Arnold Law - Legal Consultancy

by Fadia Arnold

Protocol for dismissing an employee for poor work performance

Introduction Employees, when dismissed by their Employers are in many cases dismissed for some form of misconduct on the Employee’s part. However, dismissal for poor work performance has risen substantially in the period of COVID-19, often because the normal …

Provided By Arnold Law - Legal Consultancy

by Fadia Arnold

Compliance with the retrenchment process in South Africa’s second wave of Covid-19

Introduction: Almost one year ago 2020 was hit by COVID-19 causing many Employees to regrettably be retrenched. With the second wave having just occurred, 2021 may...

by Fadia Arnold

The CCMA – What’s it all about?

Everyone has heard of the CCMA. But what’s it all about? Is it just for employees to enforce their rights against nasty employers? Or does...

by Michael Visser

October’s free LexisNexis Case Law Index is available – Sign up here

The October index of the free, online LexisNexis Case Law repository is now available and once again highlights some of the interesting precedent setting cases...

by Shebash Pillay and Louis Podbielski

The ins and outs of condonation applications for late referrals of labour disputes

Introduction It’s no secret that regrettably thousands, if not more employees have lost their jobs during the nationwide lockdown as a result of COVID-19 in 2020,...

by Fadia Arnold

Labour Appeal Court clarifies the link between depression and misconduct

Depression in the workplace is becoming more prevalent as high-pressure work environments with strict deliverables often cause employees to suffer from fatigue and ultimately depression....

by Courtney Wingfield and Tanya Mulligan

Labour Appeal Court clarifies the link between depression and misconduct

Workplace Law 13e (eBook)

About this publication: First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour...

by Juta

COVID-19 may not be killing your Employees, but it could be killing your business. Is Retrenchment an instant option?

Introduction South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable...

by SchoemanLaw Inc

Legal implications of retrenchments in light of the sale of a business

Employees are often faced with the fear of retrenchment when a company is being sold or when a company embarks on a restructuring exercise. The...

by VDMA Attorneys

Legal implications of retrenchments in light of the sale of a business

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...

by Jacques van Wyk and Andre Van Heerden

Dismissal due to the breakdown of the trust relationship

Individual employees cannot rely on section 187(1)(c) of the LRA to claim that their dismissals are automatically unfair

Van Niekerk J recently held that s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), which provides that a dismissal is automatically unfair...

by Nadia Froneman

Conciliation at the Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”) is a dispute resolution body which was established in terms of the...

by SchoemanLaw Inc

Can you be dismissed for secretly recording your boss?: UK Employment Tribunal weighs in

How often have you been in a meeting and decided to press “record” on your cell-phone to avoid having to take copious notes? Have you...

by Brian Patterson

Can you be dismissed for secretly recording your boss?: UK Employment Tribunal weighs in

Protected Disclosures Act 26 of 2000

Introduction This article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection...

by Charlotte Clarke

LAC confirms that disciplinary charges are not criminal charges

Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution. Procedures such as these are not what is...

by Neil Coetzer

LAC confirms that disciplinary charges are not criminal charges

Admitting hearsay evidence: The legal principles

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is...

by Hlengiwe Mahlangu

Admitting hearsay evidence: The legal principles

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,...

by Hassan van Wyk

Can employees be dismissed for refusing to accept new terms and conditions of employment?

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

A recent landmark decision of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration (“CCMA”) commissioners stripped...

by Carmen Abboy and Irvin Lawrence

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

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...

by Abrahams & Gross

Tag: Unfair Dismissal

Unpacking probation – What are Employer’s obligations towards the Probationary Employee during the period of probation

Protocol for dismissing an employee for poor work performance

Compliance with the retrenchment process in South Africa’s second wave of Covid-19

The CCMA – What’s it all about?

October’s free LexisNexis Case Law Index is available – Sign up here

The ins and outs of condonation applications for late referrals of labour disputes

Labour Appeal Court clarifies the link between depression and misconduct

Workplace Law 13e (eBook)

COVID-19 may not be killing your Employees, but it could be killing your business. Is Retrenchment an instant option?

Legal implications of retrenchments in light of the sale of a business

Dismissal due to the breakdown of the trust relationship

Individual employees cannot rely on section 187(1)(c) of the LRA to claim that their dismissals are automatically unfair

Conciliation at the Commission for Conciliation, Mediation and Arbitration

Can you be dismissed for secretly recording your boss?: UK Employment Tribunal weighs in

Protected Disclosures Act 26 of 2000

LAC confirms that disciplinary charges are not criminal charges

Admitting hearsay evidence: The legal principles

Can employees be dismissed for refusing to accept new terms and conditions of employment?

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

Reinstatement: A remedy for unfair dismissal and unfair labour practices