164 results found

A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...

Although the Labour Relations Act, 1995 ("LRA") provides protection and remedies to employees who allege that they have been unfairly dismissed...

Notably, employees are still not clear about resignations and the subsequent issues that may arise. Employees resign for different reasons. Now, the issues often arise when the employee resigns...

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

The Labour Court has handed down an interesting decision concerning an allegation of an automatically unfair dismissal claim arising from an employer's vaccination...

In the recent case of Harding v Petzetakis Africa (Pty) Ltd (2011) 20 LC 8.29.3, it was held that an employee’s dismissal was automatically unfair when she was dismissed for refusing to carry out her employer’s instruction to dismiss two employees.

In the recent case of Roberts Brothers Construction v NUM obo Stimele and Others, the Labour Appeal Court dealt with an aspect of item 6(2)

Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure ...

The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.

A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")

For many a human resources manager and in-house legal counsel, the language of the resolution taken at a board meeting or recorded in the minutes of that meeting in respect of the need to embark upon a retrenchment exercise is a cause for concern.

In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.

The Commission for Conciliation, Mediation and Arbitration ("CCMA") has jurisdiction to hear certain employment disputes where the employee involved works outside of South Africa.

Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, "Can an Employer dismiss an Employee solely for failing a polygraph test?

Gross negligence is a form of misconduct that allows for summary dismissal if found guilty.

The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving locums.

It has become quite common in arbitration proceedings that the Applicant would raise the point that the trust relationship between the employer and employee...