In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...

Employees often cry “provocation” when facing charges of assault or fighting in the workplace during a disciplinary hearing, but can provocation be seen as a defence? Assault or fighting in the workplace is generally regarded as a serious and a first-time dismissible offence. Provocation can be described as an act whereby an employee acts out of anger or in retaliation to being insulted or teased by another employee. It can be seen as a temporary “loss of control” by the employee due to being...

Over recent years technology has become part and partial of the way we do business. It revolutionised the way we communicate and the way we practise law. However, the process of adopting virtual proceedings in litigation and specifically labour proceedings was fast-tracked by the COVID-19 pandemic. Courts serve mainly two functions in society, namely resolve disputes and deliver justice to individuals[1]. A virtual courtroom is a conceptual idea of a judicial forum that has no physical...