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9 December 2016
Legal Briefs
 
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25 Nov 2016
 
 
Dismissal for Poor Performance
LLMC
An employer who is taken to the CCMA after firing and employee for poor work performance will be required to prove that: The employee knew the required performance standard The standard was...
 
 
03 Oct 2016
 
Workplace Rebellions Can Wreak Havoc
LLMC
Most employers will experience some type of rebellion from their workforces at one time or another. Sometimes it is that very rebellion (possibly a strike) that helps bring the organisation’s life...
 
 
05 Sep 2016
 
Employers Can Be Punished For Employee Transgressions
LLMC
Where employees cause damage to property or persons in the course of their employment duties this can result in the employer being sued for damages on the principle of vicarious liability. In the...
 
 
05 Jul 2016
 
Misuse of fixed term contracts can ruin employers
LABOUR LAW MANAGEMENT CONSULTING
According to sections 193 and 194 of the LRA the awards and orders that can be made against the employer for unfair dismissal are as follows: The LRA requires the CCMA or Labour Court to reinstate...
 
 
30 May 2016
 
What if you don’t get notification of your arbitration hearing??!!
LLMC
Too many employers have received default awards from the CCMA. The term ‘default award’ refers to the situation where the employer fails to attend the arbitration hearing and the arbitrator...
 
 
06 Apr 2016
 
Breach of trust does not always justify dismissal
LABOUR LAW MANAGEMENT CONSULTING
Dishonesty in the workplace can take many different forms including: Stealing of the employer’s money or other property Unauthorised use of employer’s equipment False claims of illness as reason...
 
 
09 Mar 2016
 
Redundancy pools hold hot water for employers
LLMC
Too many employers are still unskilled in dealing both effectively and legally with poor performance and misconduct. Such employers look for other ways of getting rid of unwanted employees. This...
 
 
29 Feb 2016
 
Double jeopardy costs employer 12 months’ remuneration
LABOUR LAW MANAGEMENT CONSULTING
A question that is repeatedly asked is whether an employer can discipline an employee a second time for the very same incident of misconduct. Common law suggests that this might be justified if the...
 
 
 
Legal Briefs
 
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