Posts Tagged ‘disciplinary hearing’
Labour Appeal Court Upholds Dismissal of Correctional Officer for Insubordination
In the matter of Department of Correctional Services v Kutu and Others (JA27/2024) [2025] ZALAC 17 (14 March 2025), the Labour Appeal Court (LAC) heard an appeal of a Labour Court ruling. The employee was employed as a Correctional Officer at the Atteridgeville Correctional Centre. On 19 July 2018, he was instructed by his unit…
Read MoreAbsenteeism
In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
Read MoreDISMISSAL IN ABSENTIA
WORKING ON FIRE (PTY) LTD V MAFISA AND OTHERS (JR2132/20) [2024] ZALCJHB 104 (6 MARCH 2024)The employee worked as a Regional Manager.The employee wrote an email that amounted effectively to an open letter addressed to all staff of the employer complaining about the appointment of the Regional Manager. In so doing, he questioned the judgment…
Read MoreUnblemished 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 in the position of Head of Waterval Prison, an inmate was stabbed and later succumbed to his injuries. The employee was required to report…
Read MoreWAIVED RIGHT TO BE HEARD AFTER REPEATEDLY DECLINING TO ATTEND DISCIPLINARY HEARING WITHOUT REASON
In the matter of CHEMICAL, ENERGY, PAPER, PRINTING, WOOD AND ALLIED WORKERS’ UNION OBO LUVUYO / ENGEN PETROLEUM – (2023) 32 NBCCI 7.1.2 [2023] 4 BALR 327 (NBCCI) The employee was employed as a Professional Bulk Truck Operator. The employee was called to a disciplinary hearing, but the hearing faced several postponements due to the…
Read MoreSubstantive fairness in dismissal
National Union of Metalworkers of South Africa obo Mvotyo / Transnet Freight Rail – Eastern Cape – (2024) 33 TBC 8.18.1 also reported at [2024] 1 BALR 12 (TBC) Subject matter classification:Dismissal – Substantive fairness – Misconduct – Gross insubordination – Employee dismissed for repeatedly refusing to undergo substance abuse test – Dismissal fair. Mini Case Summary:The…
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