Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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19 May 2013
                       
 
 
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30 Apr 2013
 
 
Retrenchments on the rise
LABOUR LAW MANAGEMENT CONSULTING
Already during 2009 we have received dozens of calls from employers who have retrenched employees and are being taken to the CCMA, bargaining council or Labour Court. As the current economic...
 
 
29 Apr 2013
 
Retrenchment now harder than ever for employers
LABOUR LAW MANAGEMENT CONSULTING
Amongst others, the following fators can give rise to retrenchment: o Losses caused by mismanagement or misappropriation of funds
 
 
10 Apr 2013
 
Con-arb at CCMA has Pros and Cons
LABOUR LAW MANAGEMENT CONSULTING
When employers and employees receive notices to attend at the CCMA they need to look very carefully to see what type of process has been set down. No party wants to arrive at CCMA thinking that...
 
 
28 Jan 2013
 
Making labour relations training count
LABOUR LAW MANAGEMENT CONSULTING
The number of legal and IR professionals who are seeking labour relations training through consultancies such as ours is increasing. However, it is also true that these practitioners often...
 
 
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...
 
 
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...
 
 
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...
 
 
18 Sep 2012
 
"How To" seminar on "How to win at the CCMA "
WHATS ON
Going to the CCMA or bargaining council can be a nightmare for employers who are not well prepared because South African labour law leans very strongly in favour of employees. For example,...
 
 
21 Aug 2012
 
Unpleasant CCMA surprises for employers
LABOUR LAW MANAGEMENT CONSULTING
A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never...
 
 
24 Jul 2012
 
Witnesses are key at hearings
LABOUR LAW MANAGEMENT CONSULTING
Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win ones case without witnesses. For...
 
 
23 Jul 2012
 
Government inspectors crack down on affirmative action defaulters
LABOUR LAW MANAGEMENT CONSULTING
I have received a spate of calls from employers who have been visited by Department of Labour inspectors checking up on their compliance with the Employment Equity Act (EEA). All of these callers...
 
 
19 Jul 2012
 
Illegal Workers have Labour Law Rights
LABOUR LAW MANAGEMENT CONSULTING
Many employers have long assumed that illegal immigrants or employees without work permits have no legal rights in South Africa. Many employers have consequently mistreated illegally employed staff...
 
 
 
                       
 
 
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