WHY ALL MANAGERS MUST UNDERSTAND LABOUR LAW

WHY ALL MANAGERS MUST UNDERSTAND LABOUR LAW

South Africa’s labour legislation changes periodically and case law decisions of ten have the effect of changing the law. As management at all levels makes daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex,...
EMPLOYERS MUST PROVE DERELICTION OF DUTY CHARGES

EMPLOYERS MUST PROVE DERELICTION OF DUTY CHARGES

Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft, but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the...
WHEN EMPLOYEES FALSELY ACCUSE EMPLOYERS

WHEN EMPLOYEES FALSELY ACCUSE EMPLOYERS

Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court, and bargaining councils deal with approximately180 000 cases per year and do not have time to waste on dealing with false...
EMPLOYERS MUST PROVE DERELICTION OF DUTY CHARGES

DISCIPLINARY ENQUIRIES NEED THOROUGH PREPARATION

Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft, but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the...
DON’T DISCIPLINE EMPLOYEES TWICE FOR THE SAME OFFENCE

DON’T DISCIPLINE EMPLOYEES TWICE FOR THE SAME OFFENCE

South African labour law requires all discipline to be corrective rather than punitive. When an employer disciplines an employee twice for the very same incident of misconduct the CCMA is likely to see this as punitive. It is only under highly exceptional...
THE RISK OF USING FIXED-TERM CONTRACTS FOR PERMANENT POSITIONS

THE RISK OF USING FIXED-TERM CONTRACTS FOR PERMANENT POSITIONS

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...