Category: 2015

Public service: Resignation and notice period

Public service employees require special attention.  A calendar month is regarded as ‘one of the 12 periods of time in which the calendar is divided’.  This is according to Black’s Law Dictionary (7th ed, 1999).  The Public...

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Pay progression: Within scope of collective agreement

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Unlawful competition restraint: Enforced to prevent selling

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Fair reason dishonesty: No proof required

An employer’s evidence may assist in assessing the effect of misconduct on the trust relationship.  But a breakdown of trust may be inferred from the nature of the misconduct, particularly if serious or gross. So arbiters must...

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Conditional resignation: Position subject to funding

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Tasting policy: Unfair dismissal despite valid reason

Pick ‘n Pay Retailers (Pty) Ltd v CCMA (C1083/14) [2015] ZALCCT 73 (3 December 2015) per Rabkin-Naicker J. The Commissioner found that the dismissal of the employee was substantively unfair and reinstated her with effect...

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Obviously wrong: Review test for reasonable award

The Labour Court reviewed and set aside a reinstatement award after deciding that the employee was ‘guilty of misconduct’.  The award was ‘obviously wrong’.  It related to a conflict of interest in the appointment of...

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