Depressed and dismissed – A hard lesson for a hard employer
A recent Labour Court decision shows how dangerous it is as an employer, when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at a disciplinary enquiry with four charges of misconduct – […]
EMPLOYEES: MUST YOU REPORT WRONGDOERS? A VIOLENT STRIKE ILLUSTRATES
“…an employee bound implicitly by a duty of good faith towards the employer breaches that duty by remaining silent about knowledge possessed by the employee regarding the business interests of the employer being improperly undermined.” (Extract from judgment below.) Our laws and courts provide strong protection for the right of employees to go on strike, […]
BABY BOOMERS: AT WHAT AGE MUST YOU RETIRE?
Employers need to be particularly on their guard for cases in which a workplace dismissal is automatically unfair. Our courts take a particularly dim view of discrimination cases falling into this category. Age discrimination is one such instance, and an employer faced with such a claim can defend it only by proving (the onus is […]