Tag: Avril Elizabeth case

Awards late delivery: Right to respond

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Applying employment law: Two schools of thought

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

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Overly technical approach: Evidence of valid and fair dismissal

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Sensible operational response: Dishonesty of senior manager

 Essence Sensible operational response: Thorough analysis of dismissal law both substantive and procedural and upheld the dismissal of a senior manager for breaching duties of  honesty, diligence and good faith towards the...

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Sound dismissal process: Assess facts evaluate fairness

 Essence Sound dismissal process allows managers to assess facts and evaluate fairness in a procedure they control and decide to dismiss for valid and fair reasons  Decision Num v CCMA (Superstone Mining) (C504/06) [2010] ZALC...

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Avoid formal hearings: Use appropriate language

Avril Elizabeth Home for the Mentally Handicapped v CCMA The labour court decided that employers and senior management should avoid formal enquiries in workplaces because the continued application of the criminal justice model...

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