Watch what you say to avoid dismissal

Watch what you say to avoid dismissal

The right to freedom of expression can be limited through the balancing of conflicting rights and the potential harm caused in particular circumstances. In this article, we consider the balancing of an employee’s freedom of expression against the duty of good faith...
When Remorse Makes Dismissal Unfair

When Remorse Makes Dismissal Unfair

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning...