Case Law : Subject Matter Index
Use the alphabet below to jump to a subject area.
A
- Absenteeism / Abscondment
- Abusive and insulting conduct (including abusive language)
- Accomplices
- 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
B
C
- Casual / temporary employees
- Changes to employment conditions / work practices
- Circumstantial evidence
- Classifying dismissal reason
- Clocking offences
- Closed Shop
- Collective agreement / Collective bargaining
- Common purpose
- Compensation / damages
- Con-arb
- Conciliation and facilitation
- 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
D
- 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 - employer liability (s60 EEA)
- 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
- Disproportionate income differentials
- 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
F
I
- 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
- Inquiry by arbitrator - section 188A
- Inspections in loco
- Insolence and insubordination
- Interdicts
- Interpretation
- Intimidation
L
M
P
- Parental leave
- Picketing
- Political party involvement
- Polygraphs
- Possession of dangerous weapons
- Pre-trial conferences
- Pregnancy
- Prescription
- Privacy rights
- 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
R
- 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
S
- Sabotage
- Safety regulations
- Search
- Secret witnesses
- Security
- 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
T
U