Tag: unfair dismissal

In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.  

In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.

In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute. The dispute concerned an employee who was dismissed for misconduct after testing positive for cannabis in his system.

In Bithrey vs Department of Health, Gauteng (Lex Info, 7 October 2024, Case number JR1478/22, Labour Court), Bithrey worked as a registrar. The employer appointed her to perform clinical work at one of its hospitals. It also required her to enroll at Pretoria University for a period of five years.

In a recent landmark ruling, the Labour Court's decision in the case of Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11 sheds light on the evolving stance towards employing individuals with a criminal record. The court's acceptance of the employee's claim for unfair discrimination underscores a fundamental shift in perspective, advocating for fairness and inclusivity in the workplace.

A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement.

The Johannesburg Labour Court has sent a clear message that defying court orders will not be tolerated. In a recent decision, Magnus Loubser, a director at Spar in Polofields Crossing, Midrand, was fined R1 million for contempt of court for refusing to reinstate a worker who was unfairly dismissed.

On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.