6 October 2009

Employment Alert

A breakdown of trust between employer and employee is a matter of evidence

The Supreme Court of Appeal (the SCA) yesterday confirmed that
an employer needs to tender evidence to show that the employment
relationship with its employee broke down where it seeks to dismiss
the employee. It cannot merely allege this and then cry foul if
the Commission for Conciliation, Mediation and Arbitration (the
CCMA) orders the reinstatement of a dismissed employee on the
basis that there is no evidence of the breakdown of the relationship.

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