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1. ARBITRATORS CAN BE TAKEN TO TASK
(Editor's Pick)
... the dismissal. The employee then applied to the Labour Court for a Review. The Labour Court found that the evidence led by the employer was inadequate as proof of the employee’s guilt. There had been other ...
Created on 12 Sep 2017
2. Manyi promises to tackle labour issues and transformation
(News)
... practices, unfair dismissals and being underpaid compared to their Indian and white colleagues. Over the years, most of the complainants approached trade unions and the CCMA for help.  ...
Created on 1 Sep 2017
3. WITNESSES ARE KEY AT HEARINGS
(Editor's Pick)
... and on the contents of a police docket and a court record. The arbitrator rejected this and found the dismissal to be unfair despite the fact that the employee admitted that he had been guilty of assault. ...
Created on 30 Aug 2017
4. EXTERNAL PRESSURE DOES NOT JUSTIFY DISMISSAL
(Editor's Pick)
Employers need to understand that: • Labour law definitely does allow employers to dismiss employees. • The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been ...
Created on 24 Aug 2017
5. Mental health finally gaining recognition
(News)
... Relations Act (LRA) says that: "A dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ...
Created on 22 Aug 2017
6. Labour laws protect new mothers
(Editor's Pick)
... was dismissed. The employee referred the matter to the Labour Court claiming that the dismissal was automatically unfair because she had been fired for reasons related to her pregnancy. That is, Section ...
Created on 15 Aug 2017
7. Hlaudi Motsoeneng expected in Labour Court
(News)
Former SA Broadcasting Corporation (SABC) COO Hlaudi Motsoeneng was due to appear in the Johannesburg Labour Court on Tuesday to explain why he should not be held personally liable for the wrongful dismissal ...
Created on 15 Aug 2017
8. Employers not following LRA in managing discipline
(Editor's Pick)
Ignorance of the Labour Relations Act (specifically Schedule 8: Code of Good Practice: Dismissal), combined with a lack of relevant skills and issues with enforcement are among the challenges faced by ...
Created on 7 Aug 2017
9. Dismissal unfair if rehab is needed
(Editor's Pick)
... 187(1)(f) of the Labour Relations Act (LRA) says that, “A dismissal is automatically unfair if …. the reason for the dismissal is …. that the employer unfairly discriminated against an employee, directly ...
Created on 7 Aug 2017
10. INVESTIGATING MISCONDUCT REQUIRES SKILL
(Editor's Pick)
... The employees refused to be transferred away from the client’s site and were therefore dismissed. The CCMA found the dismissals to be substantively unfair. This was because the employer had not investigated ...
Created on 27 Jul 2017
11. Tokiso offered R5,000 per guilty verdict in medical aid fraud
(News)
... to dismiss them en masse irrespective of the truth. An SABC attorney is cited in the same document as having advised that if the dismissals were challenged at the CCMA, the “SABC would be wise in directing ...
Created on 19 Jul 2017
12. The role of a temporary employment service in the employment relationship
(Editor's Pick)
... TES had prior to the expiry of the three month period (the TES may still play a role in this relationship by, for example, paying the salary of the employee); • The dismissal of the employee by the TES ...
Created on 18 Jul 2017
13. 30th Annual Labour Law Conference to tackle future of trade unions
(Event news)
... to find out pertinent and most recent arbitration and Labour court decisions - discuss the leanings of the labour courts regarding employment, fair labour practices, dismissal and more. As a method of ...
Created on 13 Jul 2017
14. Congratulations client, you're the sole employer of your TES employees
(Editor's Pick)
... liability burden will also cease; and • The dismissal of the worker by the TES has no bearing on the employment relationship created by operation of law between the placed worker and the client. In summary, ...
Created on 13 Jul 2017
15. POOR CONDUCT CAN MEAN POOR MANAGEMENT
(Editor's Pick)
... and failed, result in possible dismissal. That is, every manager and supervisor must know how to: Quickly recognise rebellious or demotivated employees Engage with them in such a way that they are ...
Created on 5 Jul 2017
16. Sibanye dismisses 1,514 workers
(News)
... (NUM), the majority union at the mine. NUM said it was “outraged” and “highly shocked” by the dismissal, noting that its members were allegedly coerced and intimidated into participating in the illegal ...
Created on 19 Jun 2017
17. HANDLING OFF-SITE MISCONDUCT
(Editor's Pick)
... to discipline and even to dismiss employees for work related misconduct. However, a dismissal will only be upheld by the CCMA, bargaining council or Labour Court where: The employer has properly followed ...
Created on 13 Jun 2017
18. Can you claim constructive dismissal without proof of an intolerable employment relationship?
(Editor's Pick)
... issue in this case. This case was about an alleged constructive dismissal. A constructive dismissal is where the employee’s resignation is not a voluntary act but where he has been forced to resign because ...
Created on 24 May 2017
19. Employee revolt over ‘purge’ of May Day protestors
(News)
... premier is said to have last week summoned all heads of department in the province to his boardroom, where he allegedly instructed them to start preparing dismissal letters for the dissenters. On Friday, ...
Created on 9 May 2017
20. did you clear it with your boss first?
(News)
... sanction that can result varies but can include dismissal if the employer is able to show significant inconvenience caused as a result of the employee’s absence and/or if the absence was in defiance of ...
Created on 7 Apr 2017