A THIN LINE BETWEEN MANAGEMENT PREROGATIVE AND VICTIMISATION
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large...
View ArticlePRE-ARBITRATION CAN SPEED UP HEARINGS
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an...
View ArticleUSE EMPLOYEE CONFESSIONS WISELY
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the...
View ArticleCCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the...
View ArticleMAKE SURE YOUR EVIDENCE IS RELEVANT
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to...
View ArticleBRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE
With the current behaviour of political leaders, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of...
View ArticleDIRTY HANDS WILL BE CANED AT CCMA
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal...
View ArticleDISCIPLINARY HEARINGS MUST BE HONEST
Last week I explained that illegal entrapment occurs when the employer unduly induces an employee to break a rule as opposed merely to providing an opportunity for the employee to break that rule. I...
View ArticleWORKPLACE REBELLIONS CAN WREAK HAVOC
Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion can cripple the organisation especially if it lasts...
View ArticlePOTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION
When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal...
View ArticleA THIN LINE BETWEEN MANAGEMENT PREROGATIVE AND VICTIMISATION
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large...
View ArticlePRE-ARBITRATION CAN SPEED UP HEARINGS
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an...
View ArticleUSE EMPLOYEE CONFESSIONS WISELY
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the...
View ArticleCCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the...
View ArticleMAKE SURE YOUR EVIDENCE IS RELEVANT
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to...
View ArticleBRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE
With the current behaviour of political leaders, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of...
View ArticlePotential Retrenchees Entitled To Representation
When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal...
View ArticleA Thin Line Between Management Prerogative And Victimisation
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large...
View ArticlePre-arbitration Can Speed Up Hearings
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an...
View ArticleUse Employee Confessions Wisely
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the...
View Article