Legal Articles

January 15, 2019

What is a poor performance dismissal?

Employees are contractually bound to perform in the position they are appointed in.  If an Employee fails in his/her duty he/she is seen as incapable to […]
January 8, 2019

Mitigating Circumstances and Showing Remorse in a Disciplinary Hearing

Where an employee is found guilty in any hearing, mitigating circumstances can influence the penalty or outcome of the hearing. The concept of “mitigating circumstances” refers […]
December 31, 2018

Is an employee protected as a Whistle-blower?

The Protected Disclosure Act 26 of 2000 [hereinafter referred to as the “PDA”] was enacted to encourage ‘whistle-blowing’ and disclosure of information in order to eradicate […]
December 25, 2018

What is a Misdconduct Dismissal?

Dismissal for misconduct is said to take place when an employee disregards the rules of the workplace. Misconduct is considered to be the unacceptable or improper […]
December 18, 2018

What is ‘Desertion’?

The MIBCO Main Collective Agreement in clause 7.4 (1) states the following: “An employee will be regarded as having deserted from his employer’s service after a […]
December 11, 2018

Notice to give Notice

We are all creatures of habit. Just think, you are downloading the latest upgrade for any number of software. Before you can continue you are prompt […]
December 4, 2018


It is important to keep in mind that the purpose of issuing a warning is to try and correct a situation. The severity of a sanction can progressively […]
November 27, 2018

Can an employer force me to work on public holidays?

Clause 9.6.1 of the MIBCO Main collective agreement states:   “Employees shall be entitled to leave on full pay on all days that are public holidays […]
November 13, 2018

Retrenchment – The end of the road?

The Reality MISA, on behalf of our members, consulted in numerous retrenchment processes during 2017. In fact, from July 2017 to December 2017 MISA concluded consultations […]