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...
Dismissal for a positive cannabis test is fair says the CCMA
The Constitutional Court may have recently declared the private use of cannabis legal, but what is the impact of this on the workplace, and how does the private consumption of Cannabis, and alcohol for that matter, impact on employer rights? The CCMA has however held,...
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...
Nationality as a reason for dismissal is discriminatory
So, what do you do when a client you are delivering goods to, using foreign drivers, informs you that they will no longer permit foreign nationals on their premises, and you have no alternative employment for them? This was the scenario faced by the Labour Court in...
Fraudulent medical certificates warrant dismissal every day of the week
Make no mistake, a sizeable percentage of medical certificates, colloquially known as sick notes, presented to employers daily, are fraudulent. Many employers will relate to the scourge of Monday and Friday “sick leave-itis”, which is a major contributor to sick leave...
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...
Suspending employees pending finalisation of investigations and hearings
Employees can be suspended from work in either of two ways. The two species of employee suspension are precautionary suspension and punitive suspension. Punitive suspension occurs when an employer offers an employee a period of suspension without pay, as an...
Lack of transport is no justification for late-coming and absenteeism
So, your car breaks down and you have no replacement; is your employer obligated to accommodate your absenteeism and late-coming that follows? No, they are not. This was he scenario in the Labour Court review application in National Nuclear Regulator v the CCMA &...