Use aggravation to counter mitigation
When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:
Understanding interdicts as a legal remedy
An interdict can be a powerful remedy for enforcing and protecting one’s rights. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation.
Causation – the ‘but-for’ test and flexibility
A defendant is not liable unless their wrongful conduct in fact causes the claimant’s harm.
Solicitation lands former employee in hot water
In the recent case of Massmart Holdings Limited v Theron, the Labour Court provided guidance regarding the calculation of damages suffered by an employer as a result of a former employee breaching a non-solicitation undertaking.
Labour Relations Act: the legality of verbal contracts
In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.
An employee may be dismissed for lodging a false grievance
An employer may dismiss an employee if he or she has lodged a grievance against another employee which is false. Dismissing an employee for doing so does not amount to an automatically unfair dismissal because the lodging of a grievance is not the same as exercising a right conferred by law.
Cross examination at disciplinary hearings
It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.
Derivative misconduct in the workplace
All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.
Marijuana (dagga) – personal use now legal, but regulations required
The Constitutional Court announced today that dagga is now legal in South Africa for private use. However, there are a number of concerns and questions around regulation and control that still need to be addressed to ensure the safety of both users and non-users.
Employee dismissed for abusing sick leave to watch rugby
A recent judgement Woolworths v CCMA and others [2021] ZALAC 49 in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match.
