The saga of a hairpin: insubordination and a dismissal
What happens when an employee steadfastly refuses to remove a light blue hairpin in contravention of a dress code that requires hairpins to be navy blue or black? She is charged with insubordination, and when found guilty, she is dismissed. At first blush, the decision to dismiss the employee, who was employed as a cashier […]
Dismissal over chocolates
After 24 years of service, Ms Malukela (the employee) was dismissed over three boxes of chocolates. The employee was employed at Pick n Pay as an E-service manager. The position required the employee to operate a till and to train other cashiers on company policies and procedures, including those relating to returns, exchanges, and gifts. […]
DISMISSAL FOLLOWS THE IRRETRIEVABLE BREAKDOWN OF THE TRUST RELATIONSHIP
Depending on the facts of the case, it is no longer necessary to lead evidence to show that the employment relationship has irretrievably broken down. This is the finding of the Labour Appeal Court (“LAC”) in the 2017-judgment in the matter of Impala Platinum Limited v Zirk Bernardus Jansen & Others (JA100/14). The LAC found […]