The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act on parental leave unconstitutional. In the judgment, Sutherland DJP found that the provisions discriminate unfairly between mothers and fathers, and between birth-mothers and mothers through surrogacy and adoption, in relation to the amount […]
Month: October 2023
Dismissal for Assault of Shoplifters
The employee worked at the Game store in Evaton. He challenged his dismissal for assault of shoplifters who were stealing from the store. The evidence was that he would slap them or hit them with a nearby object, and some of the shoplifters would cry as they were in pain. […]
Claim of Constructive Dismissal Linked to Disability Unsuccessful
Ms Lagadien was a disabled employee of the Department of Science and Technology. She resigned and claimed that she had been subject to a constructive dismissal linked to disability, and that her dismissal was automatically unfair based on her disability. Her main complaints related to the employer not providing her […]