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6 March 2015
Legal Briefs
 
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02 Mar 2015
 
 
What is poor work performance?
Labour Law Management Consulting
Many employers fire poor performers prematurely while others wait too long before taking strong action. One key reason for unnecessary delays in firing bad performers is the employer’s fear of...
 
 
02 Feb 2015
 
Employers should have disciplinary codes
Labour Law Management Consulting
Codes of different types constitute a substantial part of labour legislation. Therefore employers need to know these codes and understand their obligations under these codes. Labour legislation...
 
 
28 Nov 2014
 
Are sexual advances unfair?
Labour Law Management Consulting
After unfair dismissal and unfair labour practices the third category of unfair conduct by an employer is unfair discrimination. Section 6 of the Employment Equity Act (EEA) prohibits unfair...
 
 
27 Nov 2014
 
Be careful when assessing who to retrench
Labour Law Management Consulting
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the...
 
 
03 Nov 2014
 
Unfair labour practices costly for employers
Labour Law Management Consulting
As the concept of ‘unfairness’ is not defined in the Labour Relations Act (LRA) leaving employers I propose that the act of an employer would be seen to be ‘unfair’ in labour law if it infringes...
 
 
29 Sep 2014
 
Get expert advice before dismissing strikers
LABOUR LAW MANAGEMENT CONSULTING
Over the past two months my articles have examined the labour law term ‘unfair’. . I suggested that the act of an employer would be seen in labour law to be ‘unfair’ if it infringes the employee’s...
 
 
02 Sep 2014
 
Fair is fair. Or is it?
Labour Law Management Consulting
Last month I pointed out that defining the crucial labour law term “unfair” is extremely difficult for employers and employees. Because the term is not defined in any of the statutes parties tend...
 
 
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 in...
 
 
 
Legal Briefs
 
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