Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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26 November 2015
Legal Briefs
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02 Nov 2015
Racist Language Merits Dismissal
The Employment Equity Act (EEA) prohibits unfair discrimination. Such unfair discrimination could include, but is not limited to, discrimination on arbitrary or subjective grounds such as race,...
31 Aug 2015
When is using labour brokers legal?
Labour Law Management Consulting
The labour legislation that came into effect in 1996 severely hamstrung employers in the way they dealt with their employees. In 2002 labour legislation was again drastically amended to constrain...
03 Aug 2015
Employers beware of unfair disciplinary hearings
Labour Law Management Consulting
The Labour Relations Act (LRA),provides that “every employee has the right not to be- (a) unfairly dismissed; and (b) subjected to unfair labour practice.” Section 188 of the LRA deems a dismissal...
06 Jul 2015
Extremely punitive penalties for sexual harassment
Labour Law Management Consulting
After the Real Security case dealing with sexual harassment was reported some years ago I warned employers of the dire consequences for their business if they do not take decisive preventive...
01 Jun 2015
The arbitrator’s decision is not always final
Labour Law Management Consulting
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 take the arbitrator’s conduct on review to the...
04 May 2015
Witnesses are essential at arbitration
Labour Law Management Consulting
Legal procedure makes it immensely difficult for a party at arbitration to win its case without witnesses because the testimony of witnesses normally forms the crucial core of the evidence. The...
30 Mar 2015
Ignoring labour law is a serious gamble
Labour Law Management Consulting
Despite the fact that labour law favours employees, employers need to understand that: • Labour law does allow employers to dismiss employees.
02 Mar 2015
What is poor work performance?
Labour Law Management Consulting
Many employers fire poor performers prematurely while others wait too long before taking strong action. One key reason for unnecessary delays in firing bad performers is the employer’s fear of...
Legal Briefs
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