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2 August 2015
Legal Briefs
 
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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...
 
 
02 Feb 2015
 
Employers should have disciplinary codes
Labour Law Management Consulting
Codes of different types constitute a substantial part of labour legislation. Therefore employers need to know these codes and understand their obligations under these codes. Labour legislation...
 
 
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...
 
 
 
Legal Briefs
 
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