Category: Incompatibility

High intolerability threshold: Reinstatement primary remedy

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,...

Read More

Dismissal separate proceedings: Adjudicate and arbitrate

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,...

Read More

Incompatibility or incapacity: Procedural unfairness compensated

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk Incompatibility or incapacity a valid and fair reason to dismiss but when employer contemplated dismissal based on operational requirements it was unfair not to follow a...

Read More

Material contractual breach: Abandoning disciplinary procedure?

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,...

Read More

Applying progressive discipline: Incompatibility destroyed trust

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,...

Read More

Justice finally achieved: Reinstated until retirement

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,...

Read More

Incompatibility at work: Incorrect procedure followed

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,...

Read More

Flawed grading process: Whistleblower automatically unfair

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,...

Read More

Incompatibility considered explained: Valid reason but unfair

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,...

Read More

Incompatibility or incompetence: Fair reason to dismiss?

Incompatibility has been defined as ‘inability [on the part of an employee] to work in harmony either within the “corporate culture” of the business or with fellow  employees’.  This concept is discussed in detail in Labour...

Read More

Unlawful but fair dismissal: Differences explained

WL Ochse Webb & Pretorius (Pty) Ltd v Vermeulen Unlawful but fair may seem strange but the concepts are explained clearly by justice Froneman who was a judge in the constitutional court and retired in 2020. The labour appeal...

Read More
Loading