Barry Botha Breytenbach

Can you be fired if artificial intelligence can do your job?

Social media has been flooded with chatter about the chatbot phenomenon ChatGPT which seems destined to be able to, if not far better do, what humans can! So, what does this mean for employees? Can you be replaced by a bot like ChatGPT? In this article, we take a closer look at what this could mean for employees in […]

Misconduct relating to depression – what constitutes unfair dismissal?

In a matter of Legal Aid South Africa v Jansen, the Labour Appeal Court had to decide whether the Employer’s decision to dismiss Mr Jansen, who was struggling with depression and continued being absent from work a result thereof, was fair. Mr Jansen argued that his behaviour was a result of his deteriorated mental health.   Mr Jansen […]

Permanent VS Replacement employees

Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found that an employee was found to have been (substantively) unfairly dismissed, the Labour Court (LC) or the arbitrator, must make an order that the employee be reinstated, unless: The […]