Labour and Employment

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The Cape Town taxi strike created severe harm to employers, employees and the taxi industry alike. The fact that people so frequently choose to use such destructive means of getting their way demonstrates just how discordant our societal and economic relationships are.


What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? 


There appears to have been a notable change in how employers structure automatic termination clauses in employment contractual agreements. A number of legal precedents indicate that these changes primarily favour the employee rather than both parties involved. 


Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given by two important cases; those involving Score Supermarkets and Snip Trading.


The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede to the rights of employees not to be unfairly dismissed as required by section 185(a) of the LRA.

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