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Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                   

 All courses/ workshops until 30 April 2020 have been postponed 

 

Workshop Chairing Disciplinary Hearings

06 & 07 May 2020

Emperors Palace: Convention Centre

Managerial and Leadership Skills

06, 07 & 08 May 2020

Century City: Stay Easy: Cape Town

13, 14 & 15 May 2020

Emperors Palace: Convention Centre

Employment Equity Committee Training

08 May 2020

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

14 May 2020

Southern Sun: Elangeni Durban

21 May 2020

The Beach Hotel Port Elizabeth

28 May 2020

Tsogo Sun: Century City: Cape Town

Health and Safety Representative Course

15 May 2020

Southern Sun: Elangeni Durban

22 May 2020

The Beach Hotel Port Elizabeth

29 May 2020

Tsogo Sun: Century City: Cape Town

 

 

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