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ENS are most popular: within International Law, Law Department Performance and Consumer Protection topic(s) The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.
In George v Nyoka and Others, the Labour Court was confronted with yet another attempt by an employee to avoid and delay his disciplinary hearing. In this case, the applicant, Mr George, was employed in a senior position by the respondent municipality as the Director of Community Services. On 4 August 2022, the applicant was served with a notice to attend a disciplinary hearing to answer several charges of gross dishonesty.
There are currently two types of suspension recognised in our law, precautionary and punitive suspensions. Precautionary suspension is implemented as a preventive measure pending an investigation and/or disciplinary proceedings in relation to an employee’s alleged misconduct, during which an employee is paid. Punitive suspension is implemented as a form of punishment further to an employee having been found guilty of misconduct, and an employee is not paid during this type of suspension.
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