While employees are entitled to postponements in a disciplinary hearing if they demonstrate good cause, there is a limit to how long an employee-driven delay can be justified. A recent decision of the Labour Court has raised the question of whether an employer may implement suspension without pay in the face of dilatory tactics occasioned by the employee.
Unfair discrimination claim upheld despite differences in job titles
The Labour Court, in Southern African Clothing and Textile Workers’ Union v Alpha Pharm (Pty) Ltd, considered whether black employees who perform similar work to their white counterparts, but earn significantly less, were unfairly discriminated against on the basis of race. The case focused on whether differences in job titles and historical employment arrangements justify pay disparities. CTH acted for the trade union and its members.