Tag: written warning
Collective misconduct and the burden of proof – lessons for employers
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.
Employee dismissed for abusing sick leave to watch rugby
A recent judgement Woolworths v CCMA and others [2021] ZALAC 49 in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match.
Dismissing employees carrying weapons during a protected strike
Employees engaged in strike action who carry dangerous weapons during a strike run the risk of dismissal. The act of carrying weapons exposes others to the risk of injury and also serves to threaten and intimidate others. This kind of conduct is not protected by the right to strike.
