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01
Feb

0

CROSS EXAMINATION AT DISCIPLINARY HEARINGS

The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides, evidence relating to the charges against the employee. Part of the hearing of evidence is the right of the opposing party to cross examine any evidence brought. At such hearings the parties present are normally: the […]

07
Dec

0

FIRING THE LOT COULD PUT YOU IN A SPOT

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given by two important cases; those involving Score Supermarkets and Snip Trading. In the case of […]

23
Nov

0

EMPLOYEES WHO BLOW THE WHISTLE ARE PROTECTED

The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation concerned. Under the PDA both employees and employers are protected. That is, employees are […]

02
Nov

0

WORKPLACE WHISTLE BLOWERS ARE WELL PROTECTED

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart information.   Secondly, the Protected Disclosures Act no.26 of 2000 (PDA) specifically protects […]

19
Oct

0

CCMA GUIDELINES ON MISCONDUCT CRUCIAL

Early last year I informed readers of the CCMA’s decision to draft a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines were implemented in January 2012. The stated purpose of these guidelines is to “…promote consistent decision making in arbitrations dealing with dismissals for […]

12
Oct

0

NEDLAC PROCESS BESET BY CONFLICTING AGENDAS

‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body therefore has a major responsibility to arrive at proposals for legislation that will promote economic development […]

05
Oct

0

WHEN IS DISMISSAL FAIR?

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work. When he refused to sign […]

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