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Unfair/ Wrongful Dismissal
South Africa
ENS
Typically, a contract of employment comes into existence when an employer makes an offer to employ a person and that person accepts the offer.
ENS
The Constitutional Court has this week dismissed the ANC's application for leave to appeal a judgment requiring it to hand over its cadre deployment records.
ENS
A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...
Consolidated Employers Organisation
In the recent case of Mapyane v South African Police Service & Others (JR1948/10) ZALCJHB, the importance of prompt disciplinary proceedings was underscored.
Consolidated Employers Organisation
South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA)...
ENS
The term "moonlighting" refers to the practice of an employee having an extra job or a "side hustle" in addition to their ordinary job, usually without the knowledge...
ENS
In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court ("Court") was called upon to determine whether, amongst others...
Consolidated Employers Organisation
The question of whether employees are entitled to severance pay is a well-established aspect of South African statutory labour law.
ENS
Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
Consolidated Employers Organisation
In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.
Consolidated Employers Organisation
From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...
Consolidated Employers Organisation
It has become quite common in arbitration proceedings that the Applicant would raise the point that the trust relationship between the employer and employee...
Consolidated Employers Organisation
Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct.
ENS
The Labour Court has handed down an interesting decision concerning an allegation of an automatically unfair dismissal claim arising from an employer's vaccination...
ENS
The Rules of the Conduct of Proceedings before the Labour Court ("Labour Court Rules") require an applicant to furnish the record of the arbitration proceedings that the applicant seeks to review and set aside.
Consolidated Employers Organisation
In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate.
Consolidated Employers Organisation
The test for reviewing and setting aside an Award of the Commission for Conciliation Mediation Arbitration (CCMA) or that of a National Bargaining Council is whether the decision reached...
Consolidated Employers Organisation
Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, "Can an Employer dismiss an Employee solely for failing a polygraph test?
Consolidated Employers Organisation
Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable.
ENS
With retrenchments becoming more frequent across the private sector due to structural challenges, the labour market normalising after the COVID-19 pandemic and South Africa edging into a recession...
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