Tag: dishonesty

Legislative frameworks for artificial intelligence (AI) highlights the critical need for regulations to ensure ethical and responsible AI development. AI adoption has increased significantly in recent years. In 2018, companies using AI allocated only 5% of their digital budgets to it.

Despite higher inflation, interest rates and cost of living, the South African insurances market experienced a revival during the last two years, with the gross written premium across the local insurances market expected to show an annual growth rate of 5.14% from 2024 to 2028 (CAGR 2024-2028), achieving a market volume of US$100.30 billion by 2028.

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

In the early COVID-19 days, I had the misfortune to experience first-hand how it feels to be brutally attacked by people who believed that COVID-19 was a plot designed to destroy humanity. One of the results of this experience was my fascination with the process by which people adopt beliefs that are patently untrue about other individuals, the news, and institutions.

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

In common law employers and employees have the obligation to treat each other fairly and within the law.

According to the most recent Marriages and Divorces report released by Stats SA, fewer South Africans are tying the knot – a possible indicator of the cultural move away from the traditional institution of marriage in favour of domestic partnerships.

In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.

In this judgment the court grappled with the difficult question of imposing vicarious liability on an employer for an employee’s deliberate wrongdoing.

The intolerability of the continuation of the employment relationship can be caused by misconduct other than dishonesty.