Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the employee understands the case he has to answer. Is an employer restricted to the manner in which the…
What Constitutes a Temporary Employment Service?
In CHEP South Africa (Pty) Ltd v Shardlow NO and Others 5 BLLR 450 (LC), 201 workers were employed by Contracta-Force Corporate Solutions (Pty) Ltd (C-Force) to repair wooden pallets on behalf of CHEP South Africa (Pty) Ltd (CHEP). The workers, claiming that C-Force was a temporary employment service (TES) (otherwise commonly known as…
No Freedom to falsely criticise your employer in the media!
In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.