THE FINE LINE BETWEEN NEGLIGENCE & POOR WORK PERFORMANCE

By CTL Group Holdings | March 5, 2025

BY – SHANNON BOTES In any workplace, employees are expected to do their jobs for which they are employed. But what happens when they don’t? It’s important to understand the difference between negligence (misconduct) and poor work performance (incapacity) because each is handled very differently under South African labour laws. Confusing the two can lead…

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Absenteeism

By CTL Group Holdings | January 21, 2025

In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…

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DISMISSAL IN ABSENTIA

By CTL Group Holdings | December 19, 2024

WORKING ON FIRE (PTY) LTD V MAFISA AND OTHERS (JR2132/20) [2024] ZALCJHB 104 (6 MARCH 2024)The employee worked as a Regional Manager.The employee wrote an email that amounted effectively to an open letter addressed to all staff of the employer complaining about the appointment of the Regional Manager. In so doing, he questioned the judgment…

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Unblemished service may not save you from dismissal

By CTL Group Holdings | October 10, 2024

In Mgaga v Minister of Justice and Correctional Services and Others [2024] 7 BLLR 699 (LAC), the employee had been employed by the Department of Correctional Services since 1985. While employed in the position of Head of Waterval Prison, an inmate was stabbed and later succumbed to his injuries. The employee was required to report…

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