Tag: incompatibility

In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court highlighted three characteristics of incompatibility: Firstly - Incompatibility refers to the employee’s 'inability or failure to maintain cordial and harmonious relationships with his peers', secondly - Incompatibility is a form of 'incapacity', and thirdly - Incompatibility is an 'amorphous, nebulous concept, based on subjective value judgments'.

"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" - words by Mokgoatlheng AJ in the case of Jabari v Telkom SA (Pty) Ltd. This case reveals the lesser known of the lawful grounds for dismissal in South African employment law - incompatibility.