Introducing short-time: Invalid reason to dismiss

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2 Comments

GilesFiles on September 1, 2015 at 9:16 am

Reported [2015] 9 BLLR 958; (2015) 24 LC 8.18.1 (LC)

Substantive fairness in dismissal- Refusal to obey instructions and insubordination- Review- Dismissal – Misconduct – Insubordination – Employees dismissed for insubordination after refusing to work short time unilaterally introduced by employer – Refusal not constituting insubordination as instruction unreasonable.
Unilateral change to terms and conditions of employment – Employer unilaterally introducing short time and employees referring dispute under section 64(4) of LRA but taking no further action and ignoring repeated warnings to work under new conditions – Employee entitled to tender service on original terms and to defy instruction.

GilesFiles on January 21, 2016 at 4:14 pm

Also reported
(2015) ILJ 3086 (LC)

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Introducing short-time: Invalid reason to dismiss

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