Verushka Reddy

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Labour Court upholds dismissal for testing positive for cannabis

On 1 June 2022 the Labour Court found that the dismissal of an employee for contravention of the employer’s zero-tolerance Alcohol and Substance Abuse policy, by repeatedly testing positive for having cannabis in her system, did not amount to unfair discrimination nor an automatically unfair dismissal. [Bernadette Enever v Barloworld Equipment, a division of Barloworld … Continue reading

Five cost cutting measures to sustain your business and safeguard your employees

This article was written with the assistance of Kriyanka Reddi, Candidate Attorney, Norton Rose Fulbright South Africa Inc The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, … Continue reading

Ten essential terms of secondment agreements

This article was written with the assistance of Kriyanka Reddi, Candidate Attorney, Norton Rose Fulbright South Africa Inc Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of … Continue reading

Representations no longer required before precautionary suspension

On 19 February 2019, the Constitutional Court upheld the Labour Court’s finding that an employer need not afford an employee an opportunity to be heard before implementing a precautionary suspension. This important development arose from the following facts. The employer, the South African Breweries (Pty) Ltd (SAB) employed a district manager for the Border region. … Continue reading

Dismissal for racist slurs in the workplace

An employer who dismisses an employee for making derogatory comments in the workplace must prove both that the employee made the comments, and that the comments are objectively derogatory. In South African Breweries (Pty) Ltd v Heindrich Hansen and others (30 May 2017, CA06/2016) the Labour Appeal Court (LAC) dealt specifically with the use of … Continue reading
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