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21
Mar

0

PRE-ARBITRATION CAN SPEED UP HEARINGS

One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will need to prepare your case […]

06
Dec

0

POTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION

When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a desire to replace the employee with a family member, the employee’s misconduct, poor performance, population group, state of pregnancy or […]

22
Oct

0

CROSS-EXAMINATION IS A RIGHT

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out […]

08
Oct

0

DON’T MISS THE ARBITRATION HEARING!

It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the absence of the employer, for the arbitrator to test the truth of […]

27
Jul

0

SANGOMAS NOT YET REGISTERED TO PROVIDE MEDICAL CERTIFICATES

Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the Traditional Health Practitioners Council (THPC) constituted in terms of this Act has already been […]

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