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24 May 2016
Legal Briefs
 
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06 Apr 2016
 
 
Breach of trust does not always justify dismissal
LABOUR LAW MANAGEMENT CONSULTING
Dishonesty in the workplace can take many different forms including: Stealing of the employer’s money or other property Unauthorised use of employer’s equipment False claims of illness as reason...
 
 
09 Mar 2016
 
Redundancy pools hold hot water for employers
LLMC
Too many employers are still unskilled in dealing both effectively and legally with poor performance and misconduct. Such employers look for other ways of getting rid of unwanted employees. This...
 
 
29 Feb 2016
 
Double jeopardy costs employer 12 months’ remuneration
LABOUR LAW MANAGEMENT CONSULTING
A question that is repeatedly asked is whether an employer can discipline an employee a second time for the very same incident of misconduct. Common law suggests that this might be justified if the...
 
 
27 Jan 2016
 
Beware – Businesses taking over contracts!!
LABOUR LAW MANAGEMENT CONSULTING
Where an undertaking (or part thereof) of any kind is transferred to another undertaking as a going concern section 197 of the Labour Relations Act (LRA) comes into effect. This forces the new...
 
 
27 Nov 2015
 
Incompetence at CCMA a danger for parties
LABOUR LAW MANAGEMENT CONSULTING
While I have heard complaints about incompetent CCMA commissioners I have had the pleasure of presenting cases before some highly competent arbitrators Uncertainty as to whether or not you will...
 
 
02 Nov 2015
 
Racist Language Merits Dismissal
LABOUR LAW MANAGEMENT CONSULTING
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...
 
 
 
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