Browsing: CCMA reviews

A bank cannot discipline or dismiss an employee for misconduct linked to an expired contract. Using Kleinsmith’s case, the Labour Court of South Africa clarifies that rehiring creates a new employment relationship and wipes out an employer’s old disciplinary power.

The Labour Court upheld a finding of unfair dismissal compensation after ruling that Lucchini dismissed a senior employee for seeking alternative work, reducing the award to six months while condemning the employer’s conduct.