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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