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Filter: Dismissal
The cost of a “Return to Office” order

01 December 2025

Before you call remote employees back to the office, understand the risks.

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1658
Article
New draft code on dismissals: What employers need to know

04 August 2025,  Gauta Mokati

Clearer. Broader. More focused. The new Draft Code aims to clarify dismissal procedures for misconduct, incapacity, and now, for the... first time, fully incorporates operational requirements. 

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5471
Article
Can your cell phone get you fired?

31 March 2025,  Gauta Mokati

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

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9087
Article
See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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2315
Article
Unfair dismissal? Your rights during business rescue

06 June 2024,  Lesley Mokgoro

Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before... you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.

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3883
Article
Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

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3361
Article
Can you be fired if artificial intelligence can do your job?

29 March 2023

Social media has been flooded with chatter about the chatbot phenomenon ChatGPT which seems destined to be able to, if... not far better do, what humans can! So, what does this mean for employees? Can you be replaced by a bot like ChatGPT? In this article, we take a closer look at what this could mean for employees in the not-so-distant future.

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2520
Article
Can you be dismissed for not returning to the office post Covid-19

22 November 2022

With the national Covid-19 lockdown slowly becoming a thing of the past, many employers have asked employees to return to... the office, full time or on a hybrid basis. But, employees have become used to working from home and some don’t want to return to the office. What happens if an employee refuses to return to the office and offers to continue to work from home?

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5152
Article
How you can get fired for airing an opinion on WhatsApp

15 September 2022,  Tata Mokwayi

With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for... a post or group message you made?

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4978
Article
Dismissal after retirement age not unfair

30 August 2022

The Labour Relations Act (LRA) states that a dismissal based on age is fair if the employee has reached the... normal or agreed retirement age for persons employed in that capacity. Yet what about cases where the employee was allowed to work beyond their normal or agreed retirement age?

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4964
Article
Can you be fired for a WhatsApp message?

14 June 2022

With so much communication happening via WhatsApp these days, even between employee and employer, it raises the question as to... whether an employee can be fired for a WhatsApp sent to his/her employer?

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5760
Article
Can you take steps against an employee who refuses to testify?

13 April 2022,  Tata Mokwayi

Often when employers are confronted with serious misconduct by an employee, a vital part of the disciplinary process is to... have other employees testify about the misconduct where they were eye witnesses and/or have knowledge of the misconduct committed. But what happens when an employee refuses to testify against another employee?

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3019
Article

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