Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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26 October 2014
Legal Briefs
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29 Sep 2014
Get expert advice before dismissing strikers
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....
30 Apr 2014
Employee defiance a growing problem
Labour Law Management Consulting
South African employees are so heavily protected by the Constitution, by labour legislation, by the Labour Courts the CCMA and trade unions that they are less often afraid to defy the employer’s...
29 Apr 2014
Is the labour law reasonable?
Labour Law Management Consulting
One of the most unfathomable words used in labour legislation is the word ‘reasonable’. This is because: • When defining the concept dictionaries use terms which themselves need to be defined, so...
14 Apr 2014
Taking issue with arbitrators
Labour Law Management Consulting
Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he/she does not have the right of appeal. However, an aggrieved party can take the arbitrator’s...
Legal Briefs
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