Category: Protect not punish

Threatening fellow employees: Reliance on polygraph test?

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Positive cannabis test: Discrimination and privacy

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Flouting important rules: Head of prison

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Legitimate operational response: Trust relationship destroyed

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service?  [57] There can thus be little doubt...

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Violent gross misconduct: Trust completely destroyed

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Confession acceptable evidence: Made freely and voluntarily

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Common purpose and inconsistency: Mass dismissals fair

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Delaying disciplinary measures: Compensation for unfair procedure

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Disability discrimination considered: Proof not adduced

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High intolerability threshold: Reinstatement primary remedy

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Quantifying back-pay: Material mistake

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Advocate readmission refused: Standing of legal bodies

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