Fraudulent sick notes
The applicant was dismissed for submitting fraudulent medical certificates on six occasions. He argued that the dismissal was unfair due to the lack of a face-to-face hearing and claimed [...]
Red means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in [...]
Retrenchment and severance pay in South Africa – what employers and employees need to know
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a [...]
Unblemished service may not save you from dismissal
In Mgaga v Minister of Justice and Correctional Services and Others [2024] 7 BLLR 699 (LAC), the employee had been employed by the Department of Correctional Services since 1985. While employed [...]
Labour Department raids
Bad Employers, Bad Employers, Whatcha gonna do? Whatcha gonna do when they come for you? During September 2024, the Department of Employment and Labour (“Department”) conducted over 2500 [...]
An Arrested Employee Is Not a Get Out of Jail Free Card for the Employers
Terminating employment due to being arrested – Is this legal? Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This [...]
Nation-wide protest action
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers? The intended protest action stems from [...]