Tag: misconduct

South Africa’s new Code of Good Practice: Dismissal took effect, replacing the previous codes on dismissal and operational requirements. The new dismissal code, guided by the Labour Relations Act 66 of 1995 (LRA), offers employers practical guidance on handling dismissals related to misconduct, incapacity and retrenchments.

When a trust suffers a loss through negligence, misconduct or mismanagement, can the beneficiaries take legal action directly against a third party? The answer is nuanced. Recent legal developments, such as the McCann vs McCann case in the KwaZulu-Natal High Court, are bringing new clarity to the rights and remedies available to trusts and their beneficiaries.

Over-indebtedness is becoming a pervasive issue in South Africa. It carries profound legal, psychological and social consequences. Beyond its clear economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and reduced functional capacity. These effects raise a critical question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?

World Day for Safety and Health at Work, celebrated on 28 April brings to attention the need for creating safe spaces in the workplace which include mental health and wellbeing. According to the South African Federation for Mental Health, about 13% of South African employees live with a diagnosed mental health condition. Interestingly, more than a third of working South Africans experience excessive daily stress. 

As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.

The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:

The CCMA is tasked with resolving disputes between employers and employees through conciliation, mediation, and arbitration. However, there is a possibility that the commissioner could make a mistake during the process, which is why the grounds for reviewing a CCMA award are essential. This article will explore the grounds of review in the CCMA.

The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. The concept of collective misconduct applies when employers address misconduct involving multiple employees.

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.

The dismissal of an employee who failed to report the suspicious conduct of her colleague, in relation to missing monies, was found to be substantively fair. The failure of the employee to inform an employer of their business interests being improperly undermined, constitutes derivative misconduct for which dismissal may be afforded.