A contractual clause can’t cure fraud

Namasthethu Electrical[1] learnt the hard way that it could not enforce a contractual right it had secured through its fraudulent conduct. The SCA not only

Resignation revisited once again!

After Naidoo and a fellow employee resigned from Standard Bank with immediate effect, they were told that the employer would continue with their disciplinary hearings

Circumstantial Evidence is Important

Any and all evidence that is placed before either a disciplinary hearing or an arbitration must be taken into consideration. In the matter of City

Resignation to Avoid the Chopping Block

The moot question as to whether an employer may lawfully proceed with and conclude disciplinary proceedings against an employee, post-resignation, before the end of the

A WITNESS MUST EXPLAIN DOCUMENTS

While documents may be relied upon during evidence, a witness must be called to explain what those documents are. The Labour Court made this quite

Employers have the right to recover losses

Employees can cost employers millions through negligence, gross dereliction of duty, mismanagement, fraud and corruption, dishonesty or theft. While employers seldom lay criminal charges or

A REFERRAL INTERRUPTS PRESCRIPTION

The Prescription Act 68 of 1969 provides that if a debt is not claimed in a period of three years it prescribes. It further provides