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30 August 2014
Legal Briefs
 
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04 Aug 2014
 
 
What is unfair?
Labour Law Management Consulting
Of all the confusing legal terms used in labour law the one that keeps most judges, arbitrators, employers and legal practitioners awake at night is the term “unfair”. The term is not defined...
 
 
27 Jun 2014
 
Sexual harassment, gender discrimination not the same
Labour Law Management Consulting
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee in any employment policy or practice on numerous...
 
 
02 Jun 2014
 
Con-arb – good idea or bad mistake?
Labour Law Management Consulting
Due to the need to speed up the resolution of labour disputes the Labour Relations Act (LRA) provides for a ‘short-cut’ process called con-arb which stands for conciliation-arbitration....
 
 
30 Apr 2014
 
Employee defiance a growing problem
Labour Law Management Consulting
South African employees are so heavily protected by the Constitution, by labour legislation, by the Labour Courts the CCMA and trade unions that they are less often afraid to defy the employer’s...
 
 
29 Apr 2014
 
Is the labour law reasonable?
Labour Law Management Consulting
One of the most unfathomable words used in labour legislation is the word ‘reasonable’. This is because: • When defining the concept dictionaries use terms which themselves need to be...
 
 
14 Apr 2014
 
Taking issue with arbitrators
Labour Law Management Consulting
Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he/she does not have the right of appeal. However, an aggrieved party can take the...
 
 
31 Mar 2014
 
Employers victimised by confusing legal terms
Labour Law Management Consulting
In my last article I mentioned that there are many labour law terms that are confusing, unclear and vague. Such terms are often either not defined at all in the statutes or are defined...
 
 
12 Mar 2014
 
Mitigation law a major challenge for employers
LABOUR LAW MANAGEMENT CONSULTING
Even where it has been proved beyond any doubt at arbitration that an employee has committed an extremely serious offence, the employer will not have discharged its legal duty to prove that the...
 
 
 
Legal Briefs
 
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