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July 2017

/July 2017

July 2017


In a series of reported decisions both the CCMA and the Labour Court
have distinguished certain instances where unfair discrimination has
taken place in the workplace. In one instance, a Commissioner found
that the employer’s refusal to appoint an Applicant to a post because of
the criminal record which he had was unfair discrimination. Similarly,
treating an Applicant for a position different from others on the basis
that he came from a particular social background also constituted unfair


Interestingly in a matter between two labour organisations, one claiming
that an employee had special skills and the other, with which the
employee had taken up employment, stating that the skills he had
learned do not constitute “a protectable interest”. The court made
remarks that both parties were either over or under exaggerating the
employee’s competence and in the end decided that the restraint of trade
which the employee had signed did not protect any experience, skills or
knowledge even if these were acquired as a result of training. The
restraint of trade enforcement application was therefore dismissed.

In this matter, the employer attempted repeatedly to call the employee to
attend a disciplinary hearing. For various reasons the employee failed or
refused to attend. The employee then subsequently challenged the
dismissal on the basis that he had not been granted the opportunity to a
fair hearing. The court held that there was no need to hold an enquiry
when repeated attempts to do so have been unsuccessful.


Can an employee who has resigned within her notice month and who is
called to a disciplinary hearing tender a subsequent resignation this time
with immediate effect? This was a question which the court was asked to
decide. The Court found that the employee could do so even if it meant
that the disciplinary hearing which would be held and to which she had
been called could not continue and would thus be null and void.

2018-10-28T14:40:02+02:00March 13th, 2018|