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06
Jun

0

MAKE SURE YOUR EVIDENCE IS RELEVANT

Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was guilty of the offence for which he/she was dismissed. Proof of guilt is […]

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 […]

30
Aug

0

INTOLERABLE EMPLOYMENT RELATIONSHIP PIVOTAL TO JUSTIFY DISMISSAL

The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One factor that could constitute such intolerability is the employee’s breach of the trust relationship. For […]

30
May

0

REFUSED PROMOTION CAUSES COMMOTION

Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council. Should the industry in question have no bargaining […]

28
Mar

0

LABOUR LAWS PROTECT NEW MOTHERS

Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth […]

21
Mar

0

DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

It is legally very dangerous for employers to to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law.   Section 6 of the Employment Equity Act prohibits unfair discrimination […]

14
Mar

0

THE LABOUR DISPUTE SYSTEM – HOW IT WORKS

The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory) dispute resolution forums such as AMSA, AFSA, Tokiso and others. On the other hand the […]

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