WORDS CAN’T BE RETRACTED ONCE UTTERED
INTRODUCTION It doesn’t often happen that employment-related cases dominate the headlines for days on end, but the judgment in Chowan v Associated Motor Holdings (Pty) Ltd and Others (22142/16) [2018] ZAGPJHC 40 did and became one of the most talked about cases in years. THE FACTS Ms Chowan, a qualified chartered accountant, was employed by […]
SEXUAL HARASSMENT IS NOT A FRINGE BENEFIT
Worldwide sexual harassment is the most underreported misconduct at the workplace. Following the outing of powerful business and political leaders such as movie mogul Harvey Weinstein, deputy British Prime Minister Damian Green, and the Melbourne mayor, Robert Doyle in Australia, millions of women have come forward through a range of social media platforms with their […]
SCATHING JUDGMENT SUGGESTS THAT COMMISSIONERS NEED SPECIALISED TRAINING TO DEAL WITH SEXUAL HARASSMENT MATTERS
Describing sexual harassment as the “most heinous crime” at the workplace in the matter of: Motsamai v Everite Building Products (Pty) Ltd, the Labour Appeal Court (“LAC”) made it clear on 4 June 2010 that the courts expected employers to adopt a zero tolerance approach to the most underreported misconduct at what is required to […]
DISHONESTY CAN DESTROY THE EMPLOYMENT RELATIONSHIP
Every employment relationship is based on trust – the employer trusts the employee to work in the best interests of the organisation, whilst the employee trusts the employer to pay him for the work done in terms of his employment contract. There is no place for dishonesty in this relationship. A number of very clear […]
Case law quotes
Although one knows what the case law said, one can’t always immediately recall the decision in which the principle was expressed. These quick quotes may stimulate those memory lapses. 1. A commissioner must decide if the sanction was fair CASE LAW: Sidumo v Rustenburg Platinum Mines Limited (Rustenburg Section) & others (2007) 28 ILJ 2405 […]
UNFAIR DISCRIMINATION: LONG SERVICE IS NOT AN ARBITRARY GROUND
Since the amendments to the Employment Equity Act took effect on 1 August 2014, an increasing number of disputes have been referred to the CCMA. These disputes are often about money. THE FACTS In the 2016 matter of Pioneer Foods (Pty) Ltd v Workers Against Regression & others (2016) 37 ILJ 2872 (LC)(C 687-15) the […]
Distinction between insubordination and gross insubordination
The court restated the distinction between insubordination and gross insubordination in the matter of Motor Industry Staff Association and Another v Silverton Spraypainters and Panelbeaters and Others,[1] at para 31: ‘It is trite that an employee is guilty of insubordination if the employee concerned wilfully refuses to comply with a lawful and reasonable instruction issued […]
I will sue for defamation!
Many things are said and done that upset one of the parties during and even after the employment relationship has terminated. When do these utterances constitute defamation? In Nadia van der Westhuizen v Morgan Motlogelwa Ntshabelele (case 2014/27063, judgment handed down 23 March 2015) the South Gauteng High Court awarded Van der Westhuizen an amount […]
Prove allegations of racism
The facts Booysen, a beer truck driver, alleged that a regional risk manager (Hansen) used racist language when swearing at him. The employer (SAB) convened a disciplinary hearing where a witness supported Booysen’s version. Hansen was found guilty and dismissed. Hansen challenged the dismissal and the arbitrator was not persuaded that the driver’s version was […]
Newsflash: CCMA has jurisdiction to entertain commission payment disputes
Judgment: Zapop (Pty) Ltd v CCMA (CA21/2014) [2016] ZALAC 16 (12 May 2016) per Sutherland JA [Davis and Musi JJA concurring] The landmark judgment in Zapop has now confirmed that the CCMA has jurisdiction to entertain commission claims as part of remuneration, and as contemplated by section 74(2) of the BCEA. The LAC judgment means […]