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07
May

0

CCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES

Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and bargaining councils to arbitrate retrenchments where: Only one employee had been retrenched; and The employee […]

10
Apr

0

USE EMPLOYEE CONFESSIONS WISELY

It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing Other facts may show the confession to be fals. The employee may not […]

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 […]

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