LabourEdge is the sharp edge of labour law, human resources and employee relations.
It is designed by the SALLR team to assist busy practitioners when the boundaries of their knowledge, skills and insight are being challenged. On an ongoing basis, the latest developments are identified so that you can stay ahead of the game. Well-researched solutions are provided that will save you the time and effort slogging through periodicals, opinions, judgments, awards and publications.
In general terms, the determination of the fairness of a dismissal requires an arbitrator to form a value judgment, having regard to the interests of both the employer and the employee, and to achieve a balanced and equitable assessment of the fairness of the sanction. What are the types of factors to be taken into account in determining whether the employer had thus acted fairly in deciding to dismiss an employee?
On what basis did the labour court recently hold, in De Kock v CCMA and Others (2019) 30 SALLR 177 (LC), that, when an unfair dismissal dispute is pursued, it does not mean, by implication, that a challenge of an earlier final written warning may be pursued as part of such unfair dismissal dispute?
The traditional approach adopted in determining whether or not an employee is guilty of the alleged offence is to determine, on a balance of probabilities, whether or not he or she is guilty of the offence he or she was charged with (including all the elements of such offence). On what basis did the labour appeal court recently, in SA Police Service v Magwaxaza and Others (2019) 30 SALLR 42 (LAC), reject such approach?
In terms of a health and safety collective agreement, an employee was appointed as a fulltime health and safety shop steward (HSS). To what extent does this collective agreement between the employer and trade union constitute a contract for the benefit of a third party (stipulatio alteri), namely, the employee?