Yes, it would be a valid defence. The test to determine the validity of the defence would be an objective one: Would a reasonable person in the employee’s position have understood the rule and the consequences of a breach? If the answer is “no” – the defence would be valid. If it’s “yes” – the defence would not be valid.
Labour Law Videos
Recent Articles
Categories
- #UnfairSuspensions
- #UnfairTreatment
- ABSENCE
- Alcohol consumption
- ARBITRATION
- BRIBERY AND CORRUPTION
- CCMA
- CON-ARB
- CONFLICT OF INTERESTS
- CONSTRUCTIVE DISMISSAL
- Contracts
- Corporate
- COVID-19
- CROSS-EXAMINATION
- Disciplinary Charges
- Disciplinary Codes
- Disciplinary Hearing
- Discipline Costs
- Dismissal
- EMPLOYEE EMAILS
- EMPLOYEE VICTIMISATION
- Employees
- EMPLOYERS
- Employment Contracts
- Employment Equity Act
- Evidence
- Government
- GROSS MISCONDUCT
- HR POLICIES
- Illegal Workers
- INSTANT RESIGNATIONS
- INVESTIGATING MISCONDUCT
- Job Grading
- Labour Brokers
- Labour Court
- Labour Law
- Labour Law Debate with Ivan Israelstam
- Labour Law for Employers
- Labour Relations Act
- Labour Unions South Africa
- MISUNDERSTAND LEGAL TERMS
- Outsourcing
- POPI ACT
- POPI Compliant
- PRE-ARBITRATION
- PRESIDING OFFICERS
- PRIVATE ARBITRATION
- Productivity
- Promotion
- REINSTATED EMPLOYEES
- Remote Working
- Retrenchments
- Sale of a Business
- Sexual Harassment
- Shop Steward
- Strikes
- Suspension
- Tools
- Training
- TRANSFER OF BUSINESS SERVICES
- Uncategorised
- Unfair Dismissals
- UNFAIR LABOUR PRACTICE
- Unfair Suspensions
- Vaccination
- Videotape Evidence
- WORKPLACE CONFLICT
Archives
