Searching Content indexed under Unfair/ Wrongful Dismissal by ENSafrica ordered by Published Date Descending.
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Admitting Hearsay Evidence: The Legal Principles
Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings
South Africa
29 Sep 2019
Can Your Employer Tell You How To Dress?
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
South Africa
30 Jul 2019
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
Does Section 187(1)(C) Of The LRA Apply To Individual Dismissals?
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
South Africa
18 Jul 2019
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
South Africa
8 Jul 2019
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
South Africa
13 Jun 2019
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
South Africa
4 Jun 2019
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 2019
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
Fair Inconsistency In Imposing Sanctions On Striking Employees
Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
South Africa
10 Oct 2018
The New Rwandan Labour Code: A Mixed Bag Of Pro-Employer And Pro-Employee Changes
Effective from 6 September 2018, Rwanda's New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) repealed law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, which has been in force for over nine years.
9 Oct 2018
Promotion After Dismissal?
This is calculated on the basis of the terms and conditions that the employee was subject to at the date of dismissal.
South Africa
24 Aug 2018
Does The Prescription Act Apply To Unfair Dismissal Disputes In Terms Of The LRA?
Once again, a differently constituted Constitutional Court adopted differing approaches in three lengthy and detailed judgments.
South Africa
13 Apr 2018
Labour Court Rules On Automatically Unfair Dismissals In The Context Of Changes In Employment Conditions
Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs.
South Africa
6 Feb 2018
What Is Required From Employers For Night Shift Employees?
Mr Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council.
South Africa
26 Jun 2017
SABC Judgment Raises Important Employment Law Issues
This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.
South Africa
9 Aug 2016
Witchcraft At Work – Recent Case Confirms Using Muti To Intimidate A Colleague Is A Dismissible Offence
Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to "remove such purveyors of darkness from their environment".
South Africa
29 Jun 2016
South African Borders No Limit For CCMA
The Commission for Conciliation, Mediation and Arbitration ("CCMA") has jurisdiction to hear certain employment disputes where the employee involved works outside of South Africa.
South Africa
4 Dec 2015
The CCMA's New Guidelines For Misconduct Arbitrations - Part 1
The CCMA has during September 2011 published a document titled "Guidelines on Misconduct Arbitrations" ("the Guidelines"), which will become effective on 1 January 2012.
South Africa
22 Nov 2011
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