164 results found

Can I be fired for misconduct by association?...

Mr Ndlovu, a senior employee of Coca-cola (Pty) Ltd, was retrenched on 31 December 2010 after the termination of a distribution contract he had been seconded to manage.

In the recent case of Mapyane v South African Police Service & Others (JR1948/10) ZALCJHB, the importance of prompt disciplinary proceedings was underscored.

South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA)...

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct.

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...

The Constitutional Court has this week dismissed the ANC's application for leave to appeal a judgment requiring it to hand over its cadre deployment records.

After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.

Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine.

Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay.

From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...

Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable.

With looting and violence continuing unabated in many parts of South Africa and with the reams of video footage depicting the brazenness of the looters, the question on many employers' minds is whether, ...

This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.

Salary incentives is one of the mechanisms usually used by employers to reward their employees for their performance and productivity. Employees who perform well get incentives such as an increase, ...

When Standard Bank teller Nomfundo Khumalo returned from sick leave, a surprise cash check exposed a mystery bag of R20 in R1 coins in her till.