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...
by VDT Attorneys | Jan 16, 2024 | Absent without leave, Culture, Dismissal, Leave
In the CCMA case, the CCMA had to determine the fairness of a dismissal that occurred where an employee was absent without the employer’s leave for two weeks to attend a traditional initiation school. The employee, employed as a branch manager, claimed that she had...
by VDT Attorneys | Mar 29, 2023 | AI, Artificial Intelligence, ChatGPT, Dismissal, Retrenchment, Retrenchments
ChatGPT is an artificial intelligence chatbot which can not only assimilate vast quantities of data and provide startlingly accurate information and insights but can also assist with a range of tasks such as creating graphics, answering questions and composing music,...
by VDT Attorneys | Nov 22, 2022 | COVID -19, Dismissal
Where employees were asked to work from home as a result of the Covid-19 pandemic and such remote work was not part of the agreed conditions of service either pre- or post-Covid 19, then an employee cannot refuse to return to the office when requested to do so by the...
by VDT Attorneys | Sep 15, 2022 | COVID-19, Disciplinary action, Dismissal, Social Media, Vaccinate, WhatsApp
In terms of the Labour Relations Act 66 of 1995 (LRA) a dismissal is unfair if an employer fails to provide a fair reason for the dismissal or if the dismissal did not follow a fair procedure. In establishing whether there are fair reasons for dismissing an employee...
