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Labour Law Management Consulting

Beware – Businesses taking over contracts!!

Beware – Businesses taking over contracts!!

27th January 2016 Where an undertaking (or part thereof) of any kind is transferred to another undertaking as a going concern section 197 of the Labour Relations Act... 

Incompetence at CCMA a danger for parties

Incompetence at CCMA a danger for parties

27th November 2015 While I have heard complaints about incompetent CCMA commissioners I have had the pleasure of presenting cases before some highly competent... 

Racist Language Merits Dismissal

Racist Language Merits Dismissal

2nd November 2015 The Employment Equity Act (EEA) prohibits unfair discrimination. Such unfair discrimination could include, but is not limited to, discrimination on... 

More Labour Law Management Consulting
When is using labour brokers legal?

When is using labour brokers legal?

31st August 2015 The labour legislation that came into effect in 1996 severely hamstrung employers in the way they dealt with their employees. In 2002 labour... 

Employers beware of unfair disciplinary hearings

Employers beware of unfair disciplinary hearings

3rd August 2015 The Labour Relations Act (LRA),provides that “every employee has the right not to be- (a) unfairly dismissed; and (b) subjected to unfair labour... 

Extremely punitive penalties for sexual harassment

Extremely punitive penalties for sexual harassment

6th July 2015 After the Real Security case dealing with sexual harassment was reported some years ago I warned employers of the dire consequences for their... 

The arbitrator’s decision is not always final

The arbitrator’s decision is not always final

1st June 2015 Section143(1) of the Labour Relations Act (LRA) provides that “An arbitration award is final and binding”. This is not correct as either party can... 

Witnesses are essential at arbitration

Witnesses are essential at arbitration

4th May 2015 Legal procedure makes it immensely difficult for a party at arbitration to win its case without witnesses because the testimony of witnesses... 

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