VICTIMISATION VS INCOMPATABILITY

VICTIMISATION VS INCOMPATABILITY

Employees who lodge grievances OR CCMA disputes are too often victimized for exercising their rights. Such victimization often takes the form of dismissals for incompatibility. A case in point is the one of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924). Here, the...
GAPS IN THE LABOUR RELATIONS ACT LEAVE PARTIES GUESSING

GAPS IN THE LABOUR RELATIONS ACT LEAVE PARTIES GUESSING

In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
BEWARE DISMISSING FOR CONFLICT OF INTERESTS

BEWARE DISMISSING FOR CONFLICT OF INTERESTS

Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...