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16 April 2014
Legal Briefs
 
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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...
 
 
03 Mar 2014
 
Is workplace victimisation prohibitted?
Labour Law Management Consulting
We have received countless calls from readers asking about the meaning of legal terms found in the Labour Relations Act (LRA) Employment Equity Act (EEA), other statutes and in case law. The volume...
 
 
31 Jan 2014
 
Affirmative action defaulters to be prosecuted
LABOUR LAW MANAGEMENT CONSULTING
You could soon be headed for Labour Court if you are a designated employer and if you have not complied with the Employment Equity Act (EEA). That is, if you have 50 or more employees or your...
 
 
28 Jan 2014
 
Major legal changes alarm employers
LABOUR LAW MANAGEMENT CONSULTING
Later in 2014 the President of South Africa will pass into law new legislation with far reaching significance for employers. These major amendments are expected to increase the already powerful...
 
 
21 Jan 2014
 
Formal vs informal disciplinary hearings
LABOUR LAW MANAGEMENT CONSULTING
The drafters of the Labour Relations Act of 1995 (LRA) expressly provided for accused employees to have a right to be heard. That is, section 188 of the LRA states that a dismissal is unfair if the...
 
 
06 Jan 2014
 
Employment can begin before you start work
Labour Law Management Consulting
Employers must beware of concluding employment contracts that they are unable or unwilling to implement.. This is because, as soon as the applicant becomes an employee, the employer’s extremely...
 
 
 
Legal Briefs
 
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