Tag: misconduct

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than 'fair', and there is no minimum or maximum time period within which the investigation must be concluded, or in which the enquiry process finalised. However, since the suspension of an employee can be challenged as an unfair labour practice, the courts and CCMA often have to deal with challenges to an employee having been suspended.

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'.

Gillian Lumb | Regional Practice Head, Director | Cliffe Dekker Hofmeyr | gillian.lumb@cdhlegal.com | www.cliffedekkerhofmeyr.com | Discussions surrounding labour law in South Africa can be...

The fiduciary duties of a company director are found in section 76 of the Companies Act 71 of 2008 ("the Act”) and the common...