by VDT Attorneys | Aug 29, 2025 | Dismissal, Fraud, Ghost employee, Password safety, Passwords
This case involved so-called ‘ghost’ employees and employees from the Gauteng Department of Education (“Department”) that had allegedly been involved in establishing these ghost employees and benefitting from it.The complaint by the Department was that the employees...
by VDT Attorneys | Aug 4, 2025 | Code of Good Practice on Dismissal, Department of Employment and Labour, Dismissal, Incapacity, Probation periods, Retrenchments
The Department of Employment and Labour published a Draft Code of Good Practice on Dismissal (“Draft Code”) in January 2025 for public comment. The purpose of the Draft Code is to provide clearer guidance on dismissals relating to misconduct, incapacity and...
by VDT Attorneys | Jun 30, 2025 | Can my employer fire me for a social media post, Dismissal, Employees and social media
In Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273, the Labour Court was asked to consider whether an employer has the right to discipline an employee for actions committed outside of the work environment. As a general rule, employers do not have...
by VDT Attorneys | Mar 31, 2025 | Cell phone in the workplace, Dismissal, Health & Safety
In the recent Labour Court judgment of Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022) [2025] ZALCCT 4 (20 January 2025), the Court had to consider whether the dismissal of an employee for failing to comply with safety rules by using his cell phone while...
by VDT Attorneys | Oct 30, 2024 | CCMA, Dismissal, Failure to report
The CCMA recently adjudicated an unfair dismissal dispute in the case of Makhoba v The Magic Company [2024] 6 BALR 632 (CCMA). In this matter, the employer found two employees close to one another who appeared to have been consuming alcohol on the employer’s premises....
by VDT Attorneys | Jun 6, 2024 | Business Rescue, Dismissal, Labour law, Unfair Dismissal
The Companies Act 71 of 2008 places a moratorium on legal proceedings against companies undergoing business rescue. In terms thereof, no legal proceeding may be commenced or proceeded within any forum against a company which has entered into business rescue...
