061 975 0921
·
admin@aequitate.co.za
·
Mon - Fri 09:00-16:00
Talk To Us!

Tag

Labour Court
When an employer loses the end of its patience with the conduct of an employee, it is often just a small straw that breaks the camel’s back and puts an end to the employment contract. That much was obvious in the matter of Malimba v Commission for Conciliation, Mediation and Arbitration and Others (JR1594/18) [2021]...
Read More
The Labour Appeal Court made it quite clear in the matter of Booysen v Minister of Safety and Security and Others (2011) that it would only intervene in disciplinary hearings where exceptional circumstances exist which may result in a grave injustice. Despite such clarity, applicants frequently turn to the Labour Court seeking an urgent interdict...
Read More
What does an order to retrospectively reinstate an employee mean? Does it mean that it revives the employment contract which was terminated when the employee was dismissed? Does it mean that the employer must unconditionally pay the employee backpay in the amount he would have earned from the date of dismissal to the date of...
Read More
The temptation to constantly check your personal emails, WhatsApps, SMSs or the latest posts on Facebook, Twitter or Instagram – and to fire off an immediate response – is extremely powerful. Too much time spent on social media during the working day can, however, cost you your job – and the dismissal will be upheld...
Read More
CCMA and Bargaining Council commissioners have the powers to issue subpoenas, but unfortunately these subpoenas are usually seen as toothless. More often than not, subpoenas are ignored, and the witnesses fail to attend the proceedings. Commissioners can also cite parties for contempt, but as it is necessary to refer such a ruling to the Labour...
Read More
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....
Read More
The Labour Court recently handed down a judgment that reads a little like a novel. The facts in Centre for Autism Research and Education CC v CCMA (JR 1619/2018, handed down on 19 June 2020) per Van Niekerk J, were briefly that Ms Rozanna Riback (“Riback”),  the sole member and director of the institution, which...
Read More
Chairpersons frequently impose or recommend a sanction of summary dismissal where security guards face allegations that they were caught sleeping on duty as such conduct exposed the premises, which were to be secured by the security provider, to some danger. Regardless of the nature of the workplace, it is generally accepted that no one should...
Read More
Tag Cloud

Archives