Case Law : Subject Matter Index




Click on the alphabet as a quick way of getting to the subject matter chosen

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Absenteeism / Abscondment
Abusive and insulting conduct (including abusive language)
Administrative action
Affidavits
Affirmative Action
Agency shop agreement
Aids/HIV
Alcohol
Appeals
Appointments and the selection process
Arbitration
Assault and fighting
Automatic termination of employment
Automatically unfair dismissal

Backpay
Balance of probabilities
Bargaining councils
Benefits - provision of: unfair labour practice
Bias
Breach of contract
Breach of safety rules
Breach of trust
Bullying
Business rescue
Bumping

Casual / temporary employees
Changes to employment conditions
Circumstantial evidence
Classifying dismissal reason
Clocking offences
Closed Shop
Collective agreement / Collective bargaining
Common purpose
Compensation / damages
Con-arb
Conciliation
Condonation
Conduct outside work
Confession
Conflicts of interest
Constitutional rights
Constructive dismissal
Contempt of court
Contracts
Copyright
Corporate veil lifted / pierced
Costs
Course and scope of employment
Covid-19
Criminal conduct / conviction / record

Damage to property
Deductions from remuneration
Deeming
Defamation
Definition of employee
Delays, Time periods and lateness
Demarcation
Demotion: unfair labour practice
Derivative misconduct
Desertion
Director v employee
Disability
Disciplinary action: unfair labour practice
Disciplinary charges
Disciplinary code
Disclosure of information
Discrimination - affirmative action, ethnicity, race
Discrimination - age, disability
Discrimination - arbitrary grounds
Discrimination - culture, religion
Discrimination - equal pay for equal work
Discrimination - gender, marital status, sex, sexual orientation
Discrimination - generally
Discrimination - HIV status
Discrimination - political opinion
Discrimination - pregnancy
Dishonesty
Disloyalty
Dismissal - definition
Dismissal as a sanction
Dismissal demanded by third party
Disputes of interest
Disrepute - effect on employer
Disruptive behaviour
Double jeopardy / rehearing / splitting charges
Drinking on duty / drug use on duty
Drugs / Dagga / Cannabis

E-mail and internet abuse
Employment relationship intolerable
Enforceability of awards / court orders
Entrapment
Estoppel
Evidence
Executives / senior employees
Expert witnesses

Failure to disclose information
Failure to report breach of company rules
Failure / refusal to reinstate or re-employ
Falsifying information
Fixed term contracts
Fraud and forgery
Freedom of expression / association

Garnishee orders / Emolument attachment orders
Grading
Grievances
Group Offences

Harassment - Generally
Health and safety
Hearsay

Identity of employer
Illegal employees
Impossibility of performance
Imprisonment
Incapacity: ill-health
Incapacity: other reasons
Incapacity: poor work performance
Incitement
Incompatibility
Incompetence
Inconsistency
Independent contractor / employee
Insolence and insubordination
Interdicts
Interpretation
Intimidation

Joinder
Jurisdiction - CCMA
Jurisdiction - Courts
Jurisdiction - Generally

Knowledge of the rule

Labour brokers / TES
Late-coming
Leave
Legitimate / reasonable expectation
Lock-Outs
Locus standi
Lying at hearing

Mandate / scope of authority
Medical certificates / medical evidence
Minimum Wage
Misrepresentation
Moonlighting

National minimum wage
Negligence
Night work
Notice periods

Occupational detriment
Onus of proof
Organisational rights
Ostensible authority
Overtime

Picketing
Polygraphs
Possession of dangerous weapons
Pregnancy
Prescription
Probation
Procedural fairness - CCMA and court proceedings
Procedural fairness - Dismissals - Collective hearings
Procedural fairness - Dismissals - Individual hearings
Procedural fairness - Dismissals - In employee's absence
Procedural fairness - Generally
Progressive discipline
Promotion: unfair labour practice
Protected disclosures / Whistleblowing
Public Holiday
Public Interest
Punctuality

Racial conflict / Racism
Reasonable alternative employment
Recusal
Refusal to attend hearing
Refusal to obey instructions and insubordination
Refusal to submit to search
Rehearing
Re-instatement / Re-employment
Remedy for unfair dismissal
Remuneration
Representation
Rescission
Resignation
Restraints of trade
Retirement
Retrenchment - Generally
Retrenchment - Obligation to consult
Retrenchment - Reasons for
Retrenchment - Selection criteria
Review
Review - Lack of an arbitration record

Sabotage
Safety regulations
Search
Secret witnesses
Settlement agreements
Severance pay
Sexual harassment
Sexual relationship at work
Shift work
Shopstewards
Short time / Lay-offs
Shrinkage Stock losses
Sleeping on duty
Social media / Facebook
Standards of proof
Strikes: Ballots
Strikes: Definition
Strikes: Dismissals
Strikes: Legal requirements
Strikes: Secondary strikes and protests
Substantive fairness
Suspension

Team misconduct
Theft
Threatening behaviour
Trade union activities
Trade union liability
Training
Transfers / going concern / employment contracts

Unauthorised possession of property
Under the influence
Unfair labour practice: definition
Unilateral implementation
Urgent applications

Vicarious Liability

Waiver
Warnings
Whistleblowing
Witchcraft
Workplace rules

Zero tolerance