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18 December 2014
Legal Briefs
 
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28 Nov 2014
 
 
Are sexual advances unfair?
Labour Law Management Consulting
After unfair dismissal and unfair labour practices the third category of unfair conduct by an employer is unfair discrimination. Section 6 of the Employment Equity Act (EEA) prohibits unfair...
 
 
27 Nov 2014
 
Be careful when assessing who to retrench
Labour Law Management Consulting
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the...
 
 
03 Nov 2014
 
Unfair labour practices costly for employers
Labour Law Management Consulting
As the concept of ‘unfairness’ is not defined in the Labour Relations Act (LRA) leaving employers I propose that the act of an employer would be seen to be ‘unfair’ in labour law if it infringes...
 
 
29 Sep 2014
 
Get expert advice before dismissing strikers
LABOUR LAW MANAGEMENT CONSULTING
Over the past two months my articles have examined the labour law term ‘unfair’. . I suggested that the act of an employer would be seen in labour law to be ‘unfair’ if it infringes the employee’s...
 
 
02 Sep 2014
 
Fair is fair. Or is it?
Labour Law Management Consulting
Last month I pointed out that defining the crucial labour law term “unfair” is extremely difficult for employers and employees. Because the term is not defined in any of the statutes parties tend...
 
 
04 Aug 2014
 
What is unfair?
Labour Law Management Consulting
Of all the confusing legal terms used in labour law the one that keeps most judges, arbitrators, employers and legal practitioners awake at night is the term “unfair”. The term is not defined in...
 
 
27 Jun 2014
 
Sexual harassment, gender discrimination not the same
Labour Law Management Consulting
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee in any employment policy or practice on numerous...
 
 
02 Jun 2014
 
Con-arb – good idea or bad mistake?
Labour Law Management Consulting
Due to the need to speed up the resolution of labour disputes the Labour Relations Act (LRA) provides for a ‘short-cut’ process called con-arb which stands for conciliation-arbitration....
 
 
 
Legal Briefs
 
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