Posts Tagged ‘dismissal’
DISMISSAL IN ABSENTIA
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…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read MoreWAIVED RIGHT TO BE HEARD AFTER REPEATEDLY DECLINING TO ATTEND DISCIPLINARY HEARING WITHOUT REASON
In the matter of CHEMICAL, ENERGY, PAPER, PRINTING, WOOD AND ALLIED WORKERS’ UNION OBO LUVUYO / ENGEN PETROLEUM – (2023) 32 NBCCI 7.1.2 [2023] 4 BALR 327 (NBCCI) The employee was employed as a Professional Bulk Truck Operator. The employee was called to a disciplinary hearing, but the hearing faced several postponements due to the…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreMisconduct in the workplace: Managing labour relations
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
Read MoreSubstantive fairness in dismissal
National Union of Metalworkers of South Africa obo Mvotyo / Transnet Freight Rail – Eastern Cape – (2024) 33 TBC 8.18.1 also reported at [2024] 1 BALR 12 (TBC) Subject matter classification:Dismissal – Substantive fairness – Misconduct – Gross insubordination – Employee dismissed for repeatedly refusing to undergo substance abuse test – Dismissal fair. Mini Case Summary:The…
Read MoreHow to conduct an efficient misconduct investigation in the workplace
Item 4(1) of schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act (“The LRA”) 66 of 1995 provides that the employer should conduct an investigation to determine whether there are grounds for dismissal. When allegations of misconduct arise within a workplace and are brought to the attention of Management, it is advisable…
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