by VDT Attorneys | Apr 13, 2022 | Disciplinary action, Dismissal
The Labour Appeal Court recently had to consider whether an employee’s failure or their refusal of an employer’s instruction to testify in CCMA arbitration proceedings came down to insubordination and warranted dismissal as a sanction. In Kaefer Energy Projects (Pty)...
by VDT Attorneys | Mar 21, 2022 | Coronavirus, COVID -19, Dismissal, Employee, Employer, Employment, Vaccinate
The short answer, is “yes” an employee can be dismissed for refusing to get vaccinated. Whether or not that is the case in a given situation will however depend on a number of factors. So let’s break it down. Firstly, in June 2021 the the Minister of Employment and...
by VDT Attorneys | Nov 15, 2021 | CCMA, Dismissal
Employers often claim that the employment relationship has irretrievably broken down and that an employee’s reinstatement would be intolerable, with the hope that this claim will prevent an employee from returning to work even if they were unfairly dismissed. But how...