Tag: misconduct

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

Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct. Normally, such discipline would be found to be unfair.

A recent judgement by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.

Now in its second revised edition, Labour Law in Practice has sold over 10,000 copies and has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice.

An interview with Ivan Israelstam, Chief Executive, Labour Law Management Consulting, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing whether either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making their award, has materially broken a rule.

Either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making his/her award, has materially broken a rule. This is different to an appeal because an appeal is lodged, not against the arbitrator’s conduct, but rather against his/her decision.

There are a number of important issues relating to disciplinary investigations.

Very recently, the Amabhungane Centre for Investigative Journalism challenged portions of the Regulation of Interception of Communication and Provision of Communication Related Information Act (RICA) in the Pretoria High Court. 

The delinquency provisions in the Companies Act are emerging as a key remedy against misconduct by directors in both the public and private sectors. What we have seen recently is that these delinquency provisions are increasingly being used to hold directors to account for misconduct. Directors must take note of this, because the penalties are extremely severe.

All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.