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18 June 2013
Legal Briefs
 
 
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23 Jan 2013
 
 
Beware the use of fixed-term contracts
LABOUR LAW MANAGEMENT CONSULTING
According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows: The LRA requires the CCMA or...
 
 
14 Jan 2013
 
Preparation for disciplinary hearings essential
LABOUR LAW MANAGEMENT CONSULTING
While acting as a CCMA arbitrator and as the chairperson of disciplinary hearings over the past years I have noted numerous reasons why employers lose dismissal cases at the CCMA. In many cases the...
 
 
07 Jan 2013
 
Misuse of discipline is dangerous
LABOUR LAW MANAGEMENT CONSULTING
This is the first in a series of tips on the effective and legally compliant use of discipline. It can be very tempting for managers to use their disciplinary powers to get rid of employees who...
 
 
12 Dec 2012
 
Intolerable employment relationship essential to justify dismissal
LABOUR LAW MANAGEMENT CONSULTING
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s...
 
 
30 Nov 2012
 
Courts denounce workplace racism
LABOUR LAW MANAGEMENT CONSULTING
Now that the Department of Labour is cracking down on employers who fail to implement affirmative action employers are making more and more panic decisions to try to improve their organisation’s...
 
 
29 Nov 2012
 
Crack down on disruptions of disciplinary hearings
LABOUR LAW MANAGEMENT CONSULTING
The central reason that a presiding officer (PO) attends a disciplinary hearing is to hear and understand the evidence from both sides. The PO must hear this evidence properly in order to be able...
 
 
05 Nov 2012
 
Knowledge today keeps the CCMA away
LABOUR LAW MANAGEMENT CONSULTING
In comparing those of our corporate clients which have poor employee relations with those where industrial relations are sound it is clear that, for the most part, the factor which makes the...
 
 
18 Oct 2012
 
Double jeopardy costs employer 12 months’ remuneration
LABOUR LAW MANAGEMENT CONSULTING
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that...
 
 
 
Legal Briefs
 
 
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