South African employers can fire their staff members for faking sick leave.
In Hans v Montego Pet Nutrition [2024], where the Commission for Conciliation, Mediation and Arbitration (the CCMA) had to determine whether an employee’s attendance at a social occasion whilst booked off on sick leave warranted their dismissal.
Jacques van Wyk and Andre van Heerden from Werksmans Attorneys said [more…]
Constructive dismissal is where an employee terminates the contract of employment with or without notice because the employer made continued employment intolerable for the employee. Constructive dismissal is simply a form of dismissal and requires the employee to prove that there was a constructive dismissal, before the employer must prove that the [more…]
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they are often interpreted very differently by the arbitrators and judges appointed to implement them.
All [more…]
Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist [more…]
In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.
The applicants were employed by the [more…]
Resource: Tony Healy & Associates
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 & others (Case number JR3104/12). The employee, a Senior [more…]
When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?
In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a [more…]
A man who called a colleague “swart man (black man)” over parking space at work has shown that he has not made a break with the country’s apartheid past, the Constitutional Court ruled on Thursday.
In a 27-page unanimous judgment, the Constitutional Court ruled that the order made by the Labour Appeal Court be set aside.
In [more…]
The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively with, in addition to the above, communications in the workplace.
RICA regulates an [more…]
At a recent public meeting in Limpopo, a chief inspector of the Department of Labour said that of 333 workplaces inspected 40 were not compliant with the Basic Conditions of Employment Act.
He said that an increase in CCMSA cases are also of concern. 18 000 more employers [more…]
The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal. The enforcement of the resignation is therefore not an unfair dismissal and applicants have no claim as a result.
In the case [more…]
The Commission for Conciliation, Mediation and Arbitration (CCMA) issued a statement on Thursday to indicate that employees who have had awards issued in their favour but cannot afford the costs of enforcing or executing the awards (i.e. the sheriffs’ fees) can now approach the CCMA for assistance.
This service [more…]
