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Tony Healy & Associates is South Africa’s leading multi-disciplinary labour law and labour relations firm rendering professional litigation, consulting and training services to an extensive national client base including national and multi-national corporations, government institutions, and emerging businesses.


Blatantly discriminatory racist remarks amount to serious misconduct

It should go without saying that racist remarks and language is abhorrent, and is treated as such in labour disputes, if proved. This was the subject matter in the Labour Court case of Juda Phonyogo Dagane v the Safety and Security Sectoral Bargaining Council &...

Incompatibility can be a case of misconduct or incapacity

Incompatibility between an employee and his or her colleagues can, and often does, result in fair dismissal, on grounds of either misconduct or incapacity.  It is a set of circumstances in which an employee is responsible for an irretrievable breakdown in harmony...

Can employers object to employee t-shirts?

How far can employers go in banning employees from wearing t-shirts which the employer considers inappropriate, and can such a ban ever infringe upon a union member’s right to freedom of association?  This was the question posed in the Labour Court case NUMSA obo...

Strike management comes to the fore in strike season

Managing strikes is a topical subject, with the current bus drivers strike and the prospects of a teachers, police and nurse public sector strike, also over wages and conditions of service. Section 213 of the Labour Relations Act defines a ‘strike’ as “the partial or...

Employee dishonesty invariably warrants dismissal

Employers are quite rightly entitled to view employee dishonesty in a very serious light.  Regretfully, theft-related and dishonesty cases are quite common in the workplace.  In our experience, for example, half of the disciplinary cases in the hospitality industry...