Posts Tagged ‘CCMA’
Dismissal – Offensive behaviour
The case of TEMPEST CAR HIRE V LEBYANE JR50/22 [2024] (ZALCJHB) 1 AUGUST 2024 involved the dismissal of the employee following an incident where she made an inappropriate comment towards a colleague, Ms. Tasha Moodley. The dismissal was initially ruled unfair by the Commission for Conciliation, Mediation, and Arbitration (CCMA), but the employer sought a review under…
Read MorePART TIME DOMESTIC WORKERS, EVEN THOSE WORKING ONE DAY A WEEK, MAY BE ENTITLED TO EMPLOYEE BENEFITS.
Households who employ the domestic services of cleaners, cooks, gardeners and pool men – even just once a week, that they could be legally liable for employee benefits if they rendered a service beyond 24 hours monthly. Domestic workers play a critical role in the machine that is South Africa, helping households with children, cooking,…
Read MoreCostly Negligence
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…
Read MoreMisconduct in the Workplace
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
Read MoreWhen failure becomes fatal: The consequences of defective referral forms in CCMA and bargaining council disputes
The rules governing the conduct of proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) and the various bargaining councils are binding on litigants before that forum. Any failure to obey the rules will attract the necessary consequences. In the Labour Appeal Court’s (LAC) judgment in Adams v National Bargaining Council for the Freight…
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