Creator
The Labour Court in Durban has confirmed that dismissing an employee via a messaging app on the basis of age constitutes an automatically unfair dismissal, particularly when no agreed retirement age exists. In Lemmer v Dr Niresha Mudlay,…
The Labour Appeal Court has delivered a landmark ruling confirming that employers cannot discipline workers twice for the same conduct. In a matter involving Gert Sibande District Municipality and an accountant represented by SAMWU, the…
The Labour Appeal Court has overturned a Labour Court decision reinstating a senior manager, finding an irretrievable breakdown of trust rendered continued employment intolerable.
The Labour Appeal Court has clarified that procedural flaws in a disciplinary process do not render a dismissal substantively unfair, overturning a Labour Court reinstatement order.
The Labour Court has dismissed an application by Unilec SA to overturn a CCMA award that ruled a worker's dismissal for alleged workplace intoxication was both procedurally and substantively unfair. Reaffirming that the burden of proof…
The High Court ruled that injuries sustained while exiting the workplace can qualify for compensation under COIDA, emphasizing a generous, fact-specific approach to determining if accidents arise from employment.
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.
