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an employer leads new evidence at arbitration — is such evidence admissible, and can it be used to prove that the dismissal was fair?

an employer leads new evidence at arbitration — is such evidence admissible, and can it be used to prove that the dismissal was fair?

In this powerful episode of our “What if” we break down the Labour Court judgment in G4S Cash Solutions (Pty) Ltd v NUMSA obo Mosinyane. When nine ATM custodians were dismissed for gross negligence after R1.3 million in shortages, the employer brought brand-new technical evidence, video footage, third-party verifications, audit records, and compelling statistical proof at arbitration
An employee is dismissed for being in possession of items of little value — when will such dismissal be substantively fair?

An employee is dismissed for being in possession of items of little value — when will such dismissal be substantively fair?

In this episode of our What If series, we unpack a recent and enlightening Labour Court judgment: Mpact Operations (Pty) Ltd v Metal and Engineering Bargaining Council and Others. We explore the case of a long-serving employee dismissed in 2022 after a single roll of toilet paper was found in his bag during a routine search. Brought to you by Ross Simon - LLB, BCom (Law), Admitted Attorney, Legal Advisor from Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za
Employer duties and obligations explained when an employee struggles with substance dependency

Employer duties and obligations explained when an employee struggles with substance dependency

In this episode of What If, Ross Simon from Maserumule Corporate Employment Law explores how South African employment law treats substance dependency in the workplace. Is it misconduct — or incapacity? We unpack the recent Labour Court case PSA obo Randolph van Wyk v Department of Social Development, which clarifies the employer’s duty to respond with understanding and support rather than punishment. Key takeaways: - Recognising alcoholism as a disease that may cause incapacity - Following a fair incapacity process instead of discipline - The importance of documentation and counselling before dismissal Tune in for practical, legally grounded insights to help employers manage these sensitive cases correctly. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za
Workplace misconduct investigations lead to defamation claims

Workplace misconduct investigations lead to defamation claims

In this episode of the What If discussions, we examine how defamation law intersects with workplace investigations — a growing concern in South African employment relations. Drawing on the High Court judgment in Manqele v Baloyi Masango Inc Attorneys and Others, the discussion unpacks when negative findings in an investigation report may cross into defamation, and what legal safeguards — such as qualified privilege and good faith — protect employers, investigators, and attorneys. A concise and insightful exploration for HR professionals, legal practitioners, and anyone managing workplace discipline or reputational risk. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za
Can it ever result in an unfair labour practice if an employee is placed on precautionary suspension pending an investigation into misconduct?

Can it ever result in an unfair labour practice if an employee is placed on precautionary suspension pending an investigation into misconduct?

In this episode, we unpack the Labour Court’s decision in Bombela Operating Company v CCMA - clarifying when precautionary suspension is fair, when it’s not, and what both employers and employees should know. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za
Can dismissal be fair if your supervisor orders you to engage in dishonest conduct?

Can dismissal be fair if your supervisor orders you to engage in dishonest conduct?

In this discussion of our What If series, we unpack a critical question in employment law: What if your supervisor orders you to engage in dishonest conduct — can dismissal be fair? Join us as we explore the Labour Court’s ruling in Mbuyane v Dekker NO and Others. This judgment highlights key workplace principles: - “Just following orders” is not a defence. - Integrity and trust are non-negotiable. - Dishonesty, even short of fraud, can justify dismissal. - Whistleblowing and safe reporting channels are vital. Listen in to learn why integrity must prevail over unlawful instructions — and what this means for both employers and employees.
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