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Article 32/2021

Labour Edge

To what extent is a commissioner permitted to rely on the employer’s decision in determining whether or not a dismissal is fair?

The labour court recently, in De Kock v CCMA and Others (2019) 30 SALLR 177 (LC), relied on the following approach adopted in Wasteman Group v SA Municipal Workers Union and Others (2012) 33 ILJ 2054 (LAC), at 2057G–I, to emphasise the requirement of an independent decision by such commissioner:

‘…The commissioner is required to come to an independent decision as to whether the employer’s decision was fair in the circumstances, these circumstances being established by the factual matrix confronting the commissioner…’

September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.