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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.