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 law. This 13th edition has been revised and supplemented to incorporate the latest case law, as well as the…

Provided 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 or presently uncertain, particularly in respect of what the consequences…

Provided 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

Tag: Unfair Dismissal

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

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

Dead men tell no tales – But can they be reinstated?

Less remorse more punishment – NUM obo Vangile v Eskom

Sign on the dotted line

Is your workplace “a lonely hearts club?”

Manyi ordered to pay the money – Failure to follow retrenchment proceedings

ConCourt endorses a “rational” war on racism