Tag: WorkplaceDiscipline

The concept of insubordination means ‘refusal to obey a lawful and reasonable instruction’. Gross insubordination can be a ground for dismissal. However, the employer has the onus of proving that the act was, in fact, one of insubordination and that it was gross (very serious). An employer’s belief that insubordination has occurred can easily trigger an emotional response from the executive who issued the instruction.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even in the absence of provocation, dismissal may still be unfair. This distinction is critical for employers navigating strike-related discipline. One factor that can bedevil an employer’s case is inconsistency in the decision to dismiss.