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Unpleasant CCMA surprises for employers

Unpleasant CCMA surprises for employers

A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never…

Legal
Don’t miss your disciplinary hearing

Don’t miss your disciplinary hearing

It is an established fact that employees accused of misconduct are entitled to an enquiry before any dismissal decision is made. Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the…

Legal
False racial allegations are punishable by dismissal

False racial allegations are punishable by dismissal

Employees found guilty of falsely accusing their employers and colleagues of racism face getting the boot themselves. …

Legal
Arbitrators can be taken to task

Arbitrators can be taken to task

It is true that the law does not allow any party to appeal against an award made by an arbitrator at the bargaining council or CCMA.…

Legal
How long is too long?

How long is too long?

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct or pending the holding and outcome of a disciplinary hearing. …

Legal
Why is it easy to mess up retrenchments?

Why is it easy to mess up retrenchments?

We have regularly reminded employers of the factors that render dismissals for operational requirements (retrenchments) fair and unfair. …

Legal
Why is terminating fixed-term contracts a headache?

Why is terminating fixed-term contracts a headache?

It is very convenient to employ a worker on the basis of a fixed-term contract. …

Legal
How to handle off-site misconduct

How to handle off-site misconduct

What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? …

Legal
Why should employers protect themselves?

Why should employers protect themselves?

In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. …

Legal
What are the new measures to bring order to strikes?

What are the new measures to bring order to strikes?

A new code of good practice governing various aspects of strike action came into effect on 1 January 2019.…