Articles

Arrested employees

  Employers never imagine they could find themselves in a position where an employee has been arrested. In these situations the rights of the employee have to be balanced with the impact on the workplace and other employees.     Employees who have been arrested can have a negative impact on the Employer’s business. Generally,…

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Retrenchments: The element of Substantive Fairness

  With unemployment levels as high as they are in South Africa, Employers need to be overly cautious when dismissing an Employee and taking into account that the services of the CCMA are free to parties, Employees are, more often than not, not hesitant to refer a dispute to the Commission, or even the Labour…

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Review Proceedings without a Record

  There has been a long-standing problem of missing audio recordings or unclear recordings of arbitration proceedings in the CCMA and in the Bargaining Councils. Despite the implied duty on the CCMA to keep and maintain proper records of arbitration proceedings, it is apparent that there is still a failure to do so. This has…

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Progressive Discipline

  Progressive discipline is about correcting employees’ unacceptable behaviour before immediately resorting to a disciplinary hearing and possibly a dismissal. If an employee breaks a rule, he/she can be issued with a warning, after following a proper process. If the employee commits the same or similar misconduct again, he/she can be issued with another warning…

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Payment of Security and Rule 11 Applications in the Labour Court

  Rule 11 of the Labour Court Rules states: (1)    The following applications must be brought on notice, supported by affidavit: (a) Interlocutory applications; (b) other applications incidental to, or pending, proceedings referred to in these rules that are not specifically provided for in the rules; and (c) any other applications for directions that may…

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The importance of negotiating mutual separation agreements

  THE IMPORTANCE OF NEGOTIATING MUTUAL SEPARATION AGREEMENTS There are many instances where an employer would rather terminate a contract of employment through a settlement agreement than follow the procedures set out in the Labour Relations Act. These agreements are referred to as Mutual Separation Agreements. It is often a cost effective way that allows…

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Lease agreement disputes

  Lease agreement disputes: Disputes often arise between a tenant and the landlord and / or the agent. Various reasons can exist for these disputes, such as the amount of rent due, breach of contract, discounts forfeited, early termination and so on. In this article we will primarily focus on disputes that can arise based…

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DISCRIMINATION AGAINST NEW MOTHERS IN THE WORKPLACE

  Despite comprehensive labour legislation prohibiting unfair discrimination, it is still a common occurrence in the workplace. Discrimination on the basis of pregnancy is a well-known concept amongst employers and as such employment disputes against pregnant employees are almost always handled with the utmost caution. Regrettably, the same cannot be said for mothers in the…

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The Complexity of Discrimination Matters and Their Place in the CCMA

  Discrimination is always a touchy subject and it is no different in the sphere of employment law. It can often be more sensitive as there are many personalities at play in a work environment. Employers must ensure that all Employees’ rights are always protected. There is no actual definition of discrimination in South African…

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Misconduct outside the workplace

We have all heard the stories of employees entertaining an important client after hours and then having had “a few too many” or the dispute that arose at work but which escalated to violence after working hours at a spot far from the workplace. The question that arises next is whether these employees can be…

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