We unpack a costly lesson for employers: incapacity is not misconduct, and dismissal for ill health is only fair if it is genuinely the last resort.
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We unpack a recent Labour Court decision in which an employee's disrespectful emails including a reference to a "fist emoji" and a menacing remark aimed at a colleague who had been assaulted at work, formed part of the misconduct that ended his career.
Can an office romance lead to an automatically unfair dismissal? Explore the 2026 Labour Court ruling in Masimla v Pioneer Fishing and its lessons for employers.
In Abrahams v NSFAS, the Labour Court found that an employee dismissed for emailing evidence of alleged corruption to his personal account was, in reality, dismissed for making a protected disclosure. Learn the key lessons on whistleblower protection, automatically unfair dismissals, and employer retaliation.
The Labour Court has made it clear, if two employees commit the same act of misconduct, they must be treated the same way. Selective enforcement of even a "zero tolerance" policy is not a shield against an unfair dismissal finding. If you can't justify the difference in treatment objectively, the dismissal won't stand.
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
Explore the fine line between passionate expression and unacceptable behaviour in the workplace, as we examine whether dismissal is justified when a frustrated employee uses "colourful language" during a dispute.
In this episode, we unpack a critical and often misunderstood distinction in South African employment law: the difference between proving you were ill with a medical certificate and properly reporting your absence.
In this episode, we unpack a critical and often misunderstood distinction in South African employment law: the difference between proving you were ill with a medical certificate and properly reporting your absence.
In this episode, we unpack what happens when an employee objects to an external chairperson or initiator in a disciplinary hearing, and what the recent NUMSA v Denel Labour Court judgment means for your workplace disciplinary process.
In this episode of our What If series, we examine a significant Labour Court judgment dealing with disability accommodation, dignity, psychological integrity, and the limits of managerial prerogative. The answer comes from Solidarity obo Riaan Nel v National Metrology Institute of South Africa.
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
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