Opening absent employee e-mail

Opening absent employee e-mail

by | Mar 22, 2024 | LabourTalk

Can an employer open an employee’s email whilst he/she is away on holiday or out of office? It depends. In the course of business Section 6 of our monitoring law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act...
Fair Reason for Dismissal for Misconduct

Fair Reason for Dismissal for Misconduct

by | Mar 18, 2024 | LabourTalk

The term “Fair Reason” is sometimes substituted with substantial fairness.   Paragraph 2(1) states that: “Whether or not a dismissal is for a fair reason is determined by the facts of the case, and the appropriateness of dismissal as a penalty.”  This must be...
What is One Month’s Notice Period?

What is One Month’s Notice Period?

by | Mar 11, 2024 | LabourTalk

The interpretation of a “month’s notice” in a termination clause and whether a qualifier, such as a “calendar month’s notice”, bears any significance, has been the subject of debate in our law for some time. In 2009, the court in SAMRO v Mphatsoe (SAMRO) considered...