McCarthy Attorneys Inc

Dismissal

Dismissal For Insubordination

Dismissal For Insubordination

Employees have a duty to obey the reasonable instructions of their employer. Failure or refusal to do so may amount to insubordination.

Depression Dismissal

Depression & Dismissal – A Recent Decision

The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.

WHAT TO DO ABOUT INCAPACITY OR ILL HEALTH OF AN EMPLOYEE

COVID Policies and Dismissal

A question that has been circulating since the beginning of the pandemic is whether you can be dismissed for not complying with your workplace COVID-19 policies. In short, the answer is “yes”.

GETTING THE BOOT FOR YOUR LOOT: CAN AN EMPLOYEE BE DISMISSED FOR TAKING PART IN VIOLENCE OR LOOTING?

Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?

An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.