Retrenchment, when used genuinely and transparently, is a lawful mechanism for employers to navigate economic challenges and adapt to changing business needs. However, when used as a smokescreen to disguise retaliatory dismissals, it becomes a tool of exploitation, undermining the very essence of fairness and justice entrenched in South African labour law.
In the reportable judgment of National Lotteries Commission v Mafonjo and Another, the Labour Court addressed what it described as an “incongruent ruling” on sanction. The Court set aside the chairperson’s decision and substituted it with an order of dismissal with immediate effect.
The concept of gross negligence in employment law is significant because, like dishonesty, it can irreparably damage the employment relationship. However, its application is context-dependent and must be evaluated based on workplace policies, industry standards, and the nature of the employee’s duties
Sexual harassment, including acts such as those committed by a peeping tom, is a form of unfair discrimination based on the grounds of sex, gender, and/or sexual orientation. It has been characterised by the Labour Appeal Court as “the most heinous misconduct that plagues a workplace”
Labour Court ruling in *Sibanye Gold Protection Service Ltd v CCMA* clarifies how to assess conflicting facts and review arbitration awards, upholding the dismissal of a security guard for sleeping on duty.
In today’s high-pressure work environments, performance expectations are often stringent, particularly in industries requiring tight deadlines and large-scale project execution
Dismissal for cell phone use at work often arises in contexts where such use compromises safety, productivity, or confidentiality.
The Labour Court was tasked to review an arbitration award which upheld the substantive fairness of the dismissal of the Employee, for the use of his cell phone for private purposes whilst working with machines and who was in fact injured consequently
The importance of mental health cannot be overstated. While traditionally associated with physical safety, workplace health has evolved to include mental health, an equally critical aspect of employee productivity and satisfaction.
Whistleblowing simply put is the act of exposing illegal, unethical, or harmful activities within an organization. In South Africa, this critical role is safeguarded by the Protected Disclosures Act 26 of 2000 (PDA),
