Category: Conduct or capacity

Compensation order confusing: Appeal struck off

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Distasteful WhatsApp meme: Dismissal not unfair

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Established review practice: Employer revisiting warning?

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Disrupting disciplinary inquiry: Valid and fair reason to dismiss

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Derogatory racist language: Valid and fair reason

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Paris embassy death: Unfair reason to dismiss diplomat

 Essence Paris embassy death: Employee allowed to continue duties for 8 months after misbehaving in his room and dead body found in his room in the morning but no evidence that employee responsible for her death....

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Absconding 5 days: summary dismissal justified ito of Code

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Prove true reason: Obligation of management

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Manager’s conflict of interest: Valid fair dismissal

The employer appealed against the setting aside on review by the labour court of an arbitral award which upheld the dismissal of an employee as being fair. The employee was the manager; human resources and support services but...

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Rational gradation misconduct: Consider the impact

The LAC disallowed the employer’s appeal and confirmed the order of Le Roux AJ in the Labour Court.  On reviewing the award the LC found that the arbiter did not act unreasonably in regarding the employee’s conduct as a failure...

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Persistent conduct warnings: Valid fair reason to dismiss

National Nuclear Regulator v CCMA (JR3104/12) [2016] ZALCJHB 177 ; [2017] JOL 36763 (11 May 2016) per ME Phala AJ. The Labour Court reviewed and set aside an arbitral award which found that a dismissal was unfair for lack of...

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