Posts Tagged ‘unfair dismissal’
Misconduct in the workplace: Managing labour relations
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. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
Read MoreHow to conduct an efficient misconduct investigation in the workplace
Item 4(1) of schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act (“The LRA”) 66 of 1995 provides that the employer should conduct an investigation to determine whether there are grounds for dismissal. When allegations of misconduct arise within a workplace and are brought to the attention of Management, it is advisable…
Read MoreLABOUR COURT JUDGMENT SENDS A STRONG MESSAGE TO UNIONS AND CCMA COMMISSIONERS AHEAD OF THE NEW YEAR
In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) and CCMA Commissioners who consider preliminary issues in the CCMA. Background Facts During December 2019, SAA was placed in voluntary business rescue, as…
Read MoreDID THE COMMISSIONER OVERSTEP HIS AUTHORITY?
In the case of NUM OBO MPETE AND OTHERS V MATYOLO AND ANOTHER (JR 755/2019) [2023] ZALCJHB 62 (14 MARCH 2023) the employees were dismissed in December 2017 for participating in an unprotected strike. The employees referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). The dispute remained unresolved after…
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