Tag: dismissal procedure

The Labour Court in a recent judgment, Mthobisi Mthimkhulu v Standard Bank of South Africa (J928/20) (18 September 2020) considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction.

Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing. Speed and efficiency are the main attractions of international commercial arbitration, but there is increasing concern about how long it takes to resolve a dispute, especially in matters where costs are disproportionate to what is at risk.