Archive for November 2023
Spotlight on Dual Employment
Multitasking is often celebrated as a virtue, but a ruling by the Labour Court has cast a spotlight on the complex interplay between the rights of employees to seek additional employment, and their fiduciary duties to their primary employers. The Labour Court recently held that an employee violated her fiduciary duty and her employer’s policies…
Read MoreBoardrooms are not courts: The decriminalised approach to workplace discipline
Misconduct is inevitable in every workplace, but not each instance of misconduct is always addressed as the disciplinary process can feel overwhelming. Recently, a few judgments have pronounced on the concept of a decriminalised approach. The case law supports an approach to discipline that has changed from the archaic ‘criminal justice model’ to the post-constitutional…
Read MoreBad advice not a basis to set aside an agreement
In Ephraim Mogale Local Municipality v Hlongwane NO and Another [2023] 9 BLLR 898 (LC), the employee was employed by Ephraim Mogale Local Municipality (the Municipality) as municipal manager. The Local Government: Municipal Finance Management Act 56 of 2003 (the MFMA) imposes several responsibilities on municipal managers to ensure that effective and transparent systems of financial…
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