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EMPLOYEE LIABILITY REGARDING DAMAGES FOR FAILING TO ADHERE TO NOTICE REQUIREMENTS


To what extent, if any, is an employee liable for damages for failing to adhere to the notice requirements when terminating a contract of employment?

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The arbitrator’s decision is not always final

Section143 (1) of the Labour Relations Act (LRA) provides that: “An arbitration award is final and binding”. This misleads employers and employees into believing that they cannot apply for an arbitrator’s decision to be overturned. In fact, either party can take the arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making his/her award, has materially broken a rule thereby committing ‘misconduct’. This is different to an appeal because an appeal is made, not against the arbitrator’s conduct, but rather against his/her decision.

Section143 (1) of the Labour Relations Act (LRA) provides that: "An arbitration award is final and binding". This misleads employers and employees into believing that they cannot apply for an arbitrator's decision to be overturned. In fact, either party can take the arbitrator's conduct on review to the Labour Court if they are able to prove that the arbitrator, in making his/her award, has materially broken a rule thereby committing 'misconduct'. This is different to an appeal because an appeal is made, not against the arbitrator's conduct, but rather against his/her decision.

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The human element of corporate risk

Companies are all about people and a company's success will depend on its people. Yet they are also a company's biggest risk. Getting a measure of people and their potential shortcomings presents one of the biggest challenges to companies. Ironically, though, a company needs intelligent, experienced and ethical people to manage every other type of corporate risk.

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A regulatory checklist for SMEs

If you're running a small business, you might feel overwhelmed by the many regulatory bodies and requirements in South Africa. From labour laws and tax regulations to municipal bylaws, health and safety regulations and consumer protection laws, you'll be spending a great deal of your time simply trying to comply with a range of legislative and regulatory demands. Rather than seeing legal and regulatory compliance as a burden, you'd be wise to embrace it as an opportunity to run more efficiently.

If you're running a small business, you might feel overwhelmed by the many regulatory bodies and requirements in South Africa. From labour laws and tax regulations to municipal bylaws, health and safety regulations and consumer protection laws, you'll be spending a great deal of your time simply trying to comply with a range of legislative and regulatory demands. Rather than seeing legal and regulatory compliance as a burden, you'd be wise to embrace it as an opportunity to run more efficiently.

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Do South African organisations have access to 100% of the country’s potential talent?

There are sound reasons for gender equality. A number of research reports confirm that organisations with the highest percentage of women on boards outperform others in terms of returns on equity, sales and invested capital. Women bring a unique set of talents and skills to the boardroom, from empathy and collaboration to resilience and mutuality. Therefore, intentional cultural change - where men and women lead beside each other - must be the goal. Yet volumes of research record the low numbers of women in senior management and board positions in South Africa.

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