Legobate v Quest Flexible Staffing and Others (JR221/12)
Legobate v Quest Flexible Staffing and Others (JR221/12) [2013] ZALCJHB 167; (2014) 35 ILJ 738 (LC); [2013] 12 BLLR 1229 (LC) (30 July 2013)
The court found that the Commissioner failed to properly consider the totality of the circumstances surrounding the applicant's dismissal. The applicant posted comments on the intranet in response to an open invitation from the client to express views on mutual respect, without any prescribed parameters or warnings regarding negative feedback. The invitation did not restrict the format or content of responses, nor did it caution employees about possible disciplinary consequences. The court held that the Commissioner should have recognised that the applicant's conduct, while critical of manage…
Source excerpt
- Unfair Dismissal
- Disciplinary Procedure
- Remedies For Unfair Dismissal
- Commissioner Review
- Mutual Respect
- Electronic Communication Policy