In many cases, this question can be answered in the affirmative. Still, it remains the chairperson’s final decision as he must ensure a due and proper process is followed, especially if the case should be referred for arbitration at a later stage.  A disciplinary hearing aims to ensure that all parties are heard. Most importantly, an accused employee has an opportunity to lead evidence in rebuttal of the charges and challenge their accusers’ assertions before a final sanction can be...

It is important to note that not all South Africans adhere to the practice of western medicine. This aspect becomes particularly difficult if you are an employer within our Republic. The question now arises whether employers should accept certificates from traditional healers and if they should carry the same weight as a medical certificate from a doctor practising western medicine. In the Kieviets Kroon Country Estate Pty Ltd v Johanna Mmoledi and others, an employer did not accept an...

Depression for many generations, has been considered a taboo subject. According to the World Health Organisation, the COVID pandemic has caused a 25% increase in depression worldwide and whilst one pandemic has ended, another has begun. With the prevalence of depression being a common illness in the workplace, the question is whether depression can be raised as a valid defence against misconduct? In the case of Legal Aid vs Jansen, the labour court of appeal was challenged with the same...

The Minister of Employment and Labour recently repealed the “Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace” and replaced it with the “Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which came into effect on 18 March 2022. The Code aims to ensure that South African labour law legislation complies with international standards, particularly the International Labour Organisation’s Convention 190, concerning...