Key cases from 2009 and 2010 will be covered with particular reference to
- Edcon vs Pillemer and Others which deals with how and to what extent dishonest conduct counts as a factor justifying dismissal.
- Nxele v Chief Deputy Commissioner Corporate Services, Department of Correctional Services which is important in the public service where a statutory right to fairness in transfer was found to exist by the court.
- Murray v Minister of Defense has theorised a common law right to fair dealing was theorized by the SCA, with profound effects for the unfair labour practice definition.
- Several new affirmative action cases including Gordon vs Dept of Health KZN.
- The ambiguities in Chirwa have to some extent been lifted when the Constitutional Court took the opportunity in Gcaba v Minister of Safety and Security and Others to express itself slightly more crisply on whether disciplinary action constitutes administrative action and whether the High Court has jurisdiction over these matters.
Our presenters will have some thoughts to share on the expiry of fixed term contracts, labour brokers, constructive dismissal, refusal to obey instructions, strikes, dismissals and more. This practical discussion is sure to assist you in the way you handle specific issues in the workplace in future.