WebOn appeal, the employer argued that the employee was guilty of dishonesty and not negligence because during the arbitration proceedings, the employer had shown that the employee had deliberately submitted … http://www.saflii.org/za/cases/ZALAC/2024/57.pdf
Unfair Dismissal in South Africa: Misconduct Cases
WebGross Negligence in the Workplace. Negligence: When does “ordinary” negligence become “gross” in South African labour law? The distinction is important because “ordinary” negligence is not usually a dismissible offence – but “gross” negligence is dismissible even for a first offence. The legal test for negligence is an ... WebDec 1, 2024 · This judgment is important as it highlights that gross misrepresentation of qualifications by an employee in their CV is serious enough to warrant dismissal. Dismissals in these circumstances are substantively fair. Where a commissioner finds differently at arbitration, an aggrieved employer may make application to the LC in terms of s 145 of ... charlie beames
Magate Phala - ADR Specialist Labour Law …
WebSep 20, 2024 · Employment law places a high premium on honesty. The foundation of the employment relationship is trust and confidence. Where this foundation is damaged, the parties cannot be expected to continue with the employment relationship. The case of … WebNov 16, 2024 · In Labour Law, the reasonable person applies to the reasonable employee in each industry or sector depending on the nature of the work. In NUMSA obo Selepe v. ORAWAB Investments (Pty) Ltd t/a … WebNov 9, 2024 · In Wasteman Group v SAMWU [2012] 8 BLLR 778 (LAC) the Court considered the difference between insubordination per se and gross insubordination, which must give rise to the sanction of dismissal. The Court held that the difference between insubordination and gross insubordination is a question of degree. charlie beal stop breakin down the blues