n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Dismissal based on an unfounded allegation of racism against a colleague : : case comments

Volume 20, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



An employer has a common-law right to maintain and enforce discipline in the workplace. This is an implied term in the contract of employment. Anderman (SD Anderman (1992) at 62) explains the origin of this right as follows :

'Employer's disciplinary powers... are well developed in the terms implied in employment contracts. Even if nothing is put into express terms of employment contracts, the employer's disciplinary control is carefully preserved in the employee's duty to obey as an implied fundamental term of the contract.'

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