Category: Warnings – 186(2)(b)

Final written warning: Fair employer response to misconduct

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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Final written warnings: Compare practices with dismissals

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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Nine important questions: Knowledge and understanding

From time to time we receive some general questions and these nine important questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that...

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Gross negligence: Degrees and progressive discipline

[16]      To the extent that it might be suggested that another act of gross negligence was required to justify the employee’s dismissal, this cannot be so.  There can be no misconduct in the form of gross negligence without...

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Collective agreement: Right to discipline despite delays

South African Democratic Teachers Union v Motheo FET College (J352/15) [2015] ZALCJHB 183 (17 June 2015) per Tlhotlhalemaje AJ. The provisions of the Collective Agreement were not intended to remove the employer’s right to...

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