Tag: gross misconduct
Stamping out racially charged misconduct
A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.
Conflicts of interest explained
‘Conflict of interest’ means different things to different people - just ask the miscreants who were fingered in the state captured report, who will provide you with an assortment of different definitions to explain away their indiscretions.
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.
The legal effect of resigning after disciplinary action but before sanction
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.
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.
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:
