Webber Wentzel reports of a recent case where three workers were fired after making disparaging remarks about their employer on public radio.
The Labour Court recently upheld the CCMA’s fiding in the case (Ndzimande and Others v Didben N.O and Others (JR 1404/14)  ZALCJHB 73 (2 April 2019)). Key facts to the finding were that: there was a policy related to external communications by employees; the employees in question understood the consequences of breaching this code and made statements which were false, malicious and damaging to the employer’s reputation. The decision is important for employees and employers alike.
On 28 September 2012, a group of employees, having waived the grievance process contemplated by the relevant collective agreement, marched to the Department of Labour. The employees had prepared a memorandum of grievances which would ultimately be handed to the department at the conclusion of the march. The grievances related to alleged non-payment of monies due to employees and other issues related to health & safety, shift systems, medical aid deductions and exploitation of employees. Read more