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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 […]

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 […]

21
Sep

0

HEARSAY EVIDENCE CAN RENDER DISMISSALS UNFAIR

At a disciplinary hearing the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is hearsay evidence. This occurs, for example, where the person placing the evidence before the presiding officer is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper […]

02
Jun

0
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Cross Examination At Disciplinary Hearings

Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is conterntious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought against him/her. Before examining this question it is necessary to look at what is […]

08
Dec

0

JAMES BOND EMPLOYERS FALL FOUL OF PROBATIONARY LAW  

Employers frequently misuse probation agreements to get rid of employees instantly because:  the employee has committed misconduct the employer wants to make space for a friend or cousin of the owner the employee ‘does not fit in’ a manager ‘does not like the employee’s face’ Written by lvan lsraelstam, Chief Executive of Labour Law Management […]

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