Latest Articles

 

 

False allegations of racism can lead to dismissal

Racism, in all its forms, is abhorrent, and if proved, is quite clearly grounds for dismissal.  That said, it is equally unpalatable for employees to level untrue allegations of racism.  This was a central theme in the recent CCMA arbitration award in NUMSA...

Job applicants must come clean on criminal records

A job applicant who confirms, on employment, that they do not have a criminal record, better be telling the truth.  If it is subsequently found that they were fibbing, and that they did in fact have a criminal conviction, they run the very real risk of dismissal. The...

Circumstantial evidence if persuasive, can prove guilt

Circumstantial evidence is used to prove guilt when there were no eye witnesses.  No-one observed the misconduct, yet there are facts regarding the circumstances in which the misconduct occurred, which points to a most probable guilty person. If you like,...

The conflicting evidence conundrum

Chairpersons in disciplinary hearings are frequently faced with conflicting evidence or testimonies from two witnesses describing the same event.  For example, an employee may testify that they were not sleeping on duty, whilst a manager may testify that they were. ...

The Assign Concourt TES Judgment tested at the CCMA

Just over a year ago the Concourt handed down judgment in the Assign Services (Pty) Ltd v Numsa and Others (case number CCT194/17) case.  This judgment dealt with the question of who has an employment relationship with a labour broker employee, deployed at the client...

The Assign Concourt TES Judgment tested at the CCMA

Just over a year ago the Concourt handed down judgment in the Assign Services (Pty) Ltd v Numsa and Others (case number CCT194/17) case.  This judgment dealt with the question of who has an employment relationship with a labour broker employee, deployed at the client...

Retention agreements are hand-outs with handcuffs

The recent Labour Appeal court judgment delivered on 26 February 2019, in Solidarity OBO Scholtz v Gijima Holdings (Pty) Ltd [Case number JA131/2017] dealt with the subject of employee loyalty incentive scheme agreements, whereby an employee agrees to remain in the...