Constructive dismissal claims must be buttressed by concrete evidence
Section 186(1)(e) of the Labour Relations Act defines constructive dismissal to be circumstances in which “an employee terminated employment with or without notice because the employer made continued employment intolerable for the employee”. Put differently, the...
The tickly beard and the sexual harassment dismissal
Most unfortunately, we will in all likelihood be lamenting the scourge of workplace sexual harassment for some time to come. The Code of Good Practice in handling of Sexual Harassment Cases in the Workplace could not be clearer – “Sexual harassment in the working...
Employers interfere with hearing sanctions at their peril
As a rule, employers may not interfere with the outcome of a disciplinary hearing where the chairperson is empowered to make a final decision. This, was confirmed in South African Revenue Services v Commission for Conciliation Mediation & Arbitration &...
The story of the light blue hairclip and a fair dismissal
It’s an unfortunate reality that in this day and age of massive unemployment, certain employees have scant regard for, or appreciation of, their otherwise secure employment. All too often, employees behave in a manner which defies all logic and comprehension. Such...
Dismissal of employees in an unprotected strike mob was fair says the Labour Court
The CCMA comes in for quite a bit of flack. Let’s face it, half of the parties in arbitration cases lose, and the CCMA and its Commissioners are the easiest, and closest targets. In our experience, however, you normally pretty much get the arbitration award you...
We don’t see enough progressive discipline
Disciplinary procedures are, first and foremost, a process to attempt to correct unacceptable employee behaviour. There are of course many occasions when dismissal for a first offence is fair and justified, such as in cases of gross dishonesty, breaches of safety...
Selection criteria are frequently an employer’s Achilles heel in retrenchments
If you want to know what typically gets employers into trouble in retrenchment disputes, look no further than inadequate consultation and unfair selection criteria. To begin with, employers have an obligation, in respect of section 189(2) of the Labour Relations Act,...
The non-disclosure of an adverse relationship with a prior employer is not grounds for dismissal
It’s not surprising that job applicants will typically be reluctant to reveal acrimonious termination of employment with a previous employer. This is as common as the all too common patterns of CV embellishment seen daily. So how much is a job applicant required to...
Urgent Directive confirms CCMA operations from 11 May 2020
On 8 May 2002, the CCMA published an urgent directive confirming how its operations will function from 11 May 2020. This includes how conciliation and arbitration cases will be dealt with. Read the announcement
Labour Relations – The First Hundred Days After Lockdown
Yip, these are historical times. As things stand, the lockdown will be uplifted from 1 May 2020, maybe. As has been the case in our sector of labour relations consulting to employers across the country, and indeed many others, the hitherto lesser known benefits of...
No severance pay is payable if employee declines reasonable alternative employment
It may sound unfair, or unreasonable, but employers are not obliged to pay employees who are retrenched, severance pay, if they refuse to accept an offer of alternative employment with their current employer or another employer, when being retrenched. This is...
Not every case of assault should be met with dismissal
Assault is an understandably emotionally charged, category of assault, which more often than not, justifies dismissal. It need not however always warrant dismissal. In the arbitration award in SACCAWU obo A. Carolus v Freshmark (Pty) Ltd [Case number 16835-18], it...