employee or independent contractor
An employee or an independent contractor?

Many companies engage workers on independent contractor agreements instead of employment contracts. This can result in disputes regarding whether or not the person can enforce labour law rights (such as claiming for an unfair dismissal…

Poor work performance and dereliction of duty

It is important for employers to distinguish between poor work performance and dereliction of duty when taking action against employees which may result in dismissal. This is because they require different processes, and the use…

employer's liability for discrimination by a customer
Employer’s liability for discrimination by a customer

The Labour Appeal Court recently delivered a judgment in a case about the employer’s liability for discrimination by a customer, in Samka v Shoprite. The case involved a cashier of Shoprite who was subjected to…

disciplinary record as retrenchment selection criteria
Disciplinary records as retrenchment selection criteria

Employers who are embarking on a retrenchment process are often tempted to use records of employees’ performance and adverse disciplinary records as retrenchment selection criteria in identifying employees to be dismissed. They do so in…

double jeopardy
Double Jeopardy: Charging an Employee Twice

There are instances where employees have been exonerated at a disciplinary hearing or issued a “light” sanction such as a written warning, and where the employer wishes to pursue the same allegations again in order…

claim unpaid salary from lockdown
Can an employee claim unpaid salary from lockdown?

Many employees were either not paid any salary or were paid a reduced salary during the lockdown while their employer’s operations were shut down. This has resulted in certain employees seeking advice on whether they…

resignation to avoid a disciplinary hearing
Resignation to avoid a disciplinary hearing

Employees often decide to submit a summary resignation to avoid a disciplinary hearing, giving rise to the question whether it is permissible for the employer to continue with the hearing despite the employee’s resignation. The…