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...
STATUTORY PROCEDURES DELAY RETRENCHMENTS

STATUTORY PROCEDURES DELAY RETRENCHMENTS

Many employers like using Dereliction of Duty as a disciplinary charge when they want to inflict strong punishment on employees because: the phrase ‘dereliction of duty has a serious and damaging ring to it; and the penalty for a first offense of gross dereliction of...
LABOUR BROKERS NEED SOUND LEGAL ADVICE

LABOUR BROKERS NEED SOUND LEGAL ADVICE

Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply...
GROSS MISCONDUCT IS NOT AUTOMATICALLY DISMISSABLE

GROSS MISCONDUCT IS NOT AUTOMATICALLY DISMISSABLE

Labour legislation in South Africa is heavily weighted in favour of employees. The heavy protection of employees against being dismissed makes it very difficult for employers to run efficient workplaces. This in turn compromises the ability of businesses to grow and...
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...