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 […]

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 […]

Cellphones and privacy at work

When photographs on a private cell phone are not necessarily private In 2016 an employee in the UK was dismissed because he had pornographic photographs on his private cell phone at work (Garamukanwa v Solent NHS Trust). A new Employment Appeal Tribunal (EAT) ruled that there was no breach of an employee’s right to a […]