Unlawful dismissals: Labour court’s powerful jurisdiction

2 Comments

1. 

   GilesFiles on October 10, 2016 at 10:35 am

   Reported
   [2017] 1 BLLR 60; (2016) 37 ILJ 2888; [2016] JOL 36304/36590 (LC)

   BLLR Headnote

   Costs – Personal liability for – Managers who opposed urgent application to declare dismissals unlawful directed to explain why they should not be held personally liable for costs because decisions to dismiss reckless and ill-considered.
   Dismissal – Misconduct – Failure to comply with company policy – SABC journalists dismissed for questioning public broadcaster’s policy of not broadcasting images of violent protests – Dismissals unlawful because employees’ freedom of expression infringed.
   Dismissal – Unlawful – Employer dismissing employees without hearing guaranteed by disciplinary code incorporated in contracts of employment – Dismissals in breach of contract and void ab initio.

2. 

   GilesFiles on October 19, 2016 at 3:25 pm

   SABC ordered to submit new affidavits in SABC 8 culpability matter

   WEDNESDAY, 19 OCTOBER 2016 13:49

   SABCEWN reports that the Labour Court has given the SA Broadcasting Corporation (SABC) until Tuesday next week to rewrite and submit new affidavits that indicate who was responsible for the decision to dismiss eight SABC journalists.
   The court is trying to establish exactly who should be held personally liable for the legal bills incurred by the journalists. In July, the court found that the dismissals were unlawful and ordered the broadcaster to reinstate the journalists with immediate effect. In the latest directive, the Labour Court states that the affidavits received from the SABC’s Sebolelo Ditlhakanyane and Simon Tebele were vague, and did not specifically mention who was responsible for the decision to dismiss the so-called SABC 8.

   Read this report by Masego Rahlaga in full at EWN
   Report thanks to SA Labour News