Creator
The Labour Appeal Court ruled that disciplinary chairpersons are not bound by workplace plea bargains, but fair procedure requires allowing employees to withdraw guilty pleas if agreed sanctions are rejected.
The Labour Court ruled that zero-tolerance alcohol policies cannot override fairness. Dismissal for a positive test is not automatic; circumstances, proportionality, and proper procedures must always be considered.
The Labour Court upheld an employee’s dismissal after his refugee status lapsed, confirming it was lawful and fair, despite arbitration irregularities, as continued employment would have been illegal.
The Labour Appeal Court had to consider a case which revolved around whether a settlement agreement reached at the CCMA covered all claims arising from a termination
Ruling clarifies that a restraint agreement remains valid even after an employee’s dismissal.
The labour court ruled on whether the employee’s dismissal was substantively and procedurally fair
The Labour Court upheld a CCMA ruling that Medici Energy’s dismissal of an employee for not returning to the office was unfair, finding the instruction unreasonable and the process procedurally flawed.
In this weekly column, labour lawyer Jonathan Goldberg, chair of Global Business Solutions, looks at various aspects of labour law
This ruling underscores the importance of proper procedure in arbitration, especially where dismissal is at stake.
An employee's attempt to overturn his dismissal during arbitration for incitement to commit misconduct is dismissed by the Labour Court
The Labour Court overturned a CCMA ruling, upholding an electrician's dismissal for safety breaches at Sibanye Mines, emphasizing strict adherence to safety rules despite the employee's long service.
The Labour Court upheld the retrenchment of an employee during Covid-19, deeming it substantively and procedurally fair due to genuine economic challenges, despite the employee's challenges on these grounds.
The Labour Appeal Court (LAC) considered a ruling of the Labour Court (LC) which had allowed a former employee to file his automatically unfair dismissal claim outside the legal time period.
The Labour Appeal Court overturned a ruling of constructive dismissal, reinstating the CCMA's decision that a Sanlam employee resigned voluntarily, not due to intolerable conditions, dismissing mental health arguments.
In the case of AMCU obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 2266/17) [2023] ZALCJHB 23 the employees were charged and dismissed for gross insubordination because they refused to obey…
