Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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24 March 2017
Legal Briefs
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24 Feb 2017
Management prerogative not an automatic licence to fire employees with false credentials
It is a management prerogative to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: • Divulge information relevant to the...
30 Jan 2017
Does Management Prerogative Still Exist In SA?
Due to the vagaries of our labour laws employers and employees are often confused about the meaning of numerous legal terms found in the Labour Relations Act (LRA) Employment Equity Act (EEA),...
09 Jan 2017
Disciplinary Hearings – Biased Chairpersons Not On
Under labour law employees have the right to a fair hearing before being dismissed and this includes the right to an impartial hearing chairperson. The factors that may suggest that the hearing...
25 Nov 2016
Dismissal for Poor Performance
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
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
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
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??!!
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...
Legal Briefs
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