156 results found

Usually when an employee is alleged to have committed misconduct, the employee is taken through a disciplinary process and thereafter dismissed if found guilty of such misconduct

To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee's employment and pay them a sum of money.

The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.

Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.

Section 7(1) of the EEA prohibits medical testing of an employee unless the legislation permits or requires the testing or it is justifiable in light of medical facts, employment conditions...

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.

Amendments to the Labour Relations Act, 66 of 1995, which came into force in January of this year, introduced important and controversial provisions dealing with temporary employment services, commonly known as labour brokers.

We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA).

Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.

Two recent Labour Court decisions have highlighted the duty of trade unions and their officials to act to prevent unprotected strikes and unlawful actions during the course of a strike.

It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court ("CC") ...

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings

A recent Labour Court judgment demonstrates that structuring voluntary separation packages by age, without evidence to justify the distinction, may constitute unfair discrimination under the Employment Equity Act. The case examines whether an employee who accepts a lower age-based package waives their right to challenge it, and explores the limits of contractual agreements in overriding constitutional protections against age discrimination.

The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are...

In law, jurisdiction is determined according to whether a particular court has the power or competence to hear and determine an issue between parties.

Employees are expected to conduct themselves according to standards of conduct and regulations prescribed in terms of labour legislation.

Sound familiar? Sometimes these protests may well be true. But they're not a defence. And they won't protect you from the merits of the charges if there're sufficient facts to prove them.