Latest Articles
Employment begins on date of signature
The CCMA, on occasion, has been required to determine when an employment relationship has actually commenced. For some time there has been little clarity on whether employment commences on date of signature of an employment contract or offer of employment, or indeed...
Making sense of labour relations jargon
As we head into what will, in all likelihood, be yet another challenging labour relations year, what with a raft of new labour laws and expected heightened industrial action, it is worth re-familiarising oneself with certain of the jargon and terms which are so often...
Conflicts of interest threaten employment
One of the most fundamental of employee common law employment obligations is, at all times in all circumstances, to further, protect and guard the interest of one’s employer at all times. Put differently, the employment contract is one of the utmost good faith and...
Bosses have rights too
Labour and employment law leaves many employers with the mistaken belief that they have very few rights in the face of increasing trade union power and influence which is not only felt at the workplace, but also seen in strong alliances between trade union federations...
Hearsay evidence need not always be disregarded
Hearsay evidence is evidence tendered by an individual who relays evidence which he/she did not personally witness with his or her own eyes or senses, but heard from someone else. Hearsay evidence is, ordinarily, considered to be unreliable and problematic as the...
Re-hearing disciplinary enquiries requires caution
Every once in a while, employers are tempted to hold a second disciplinary enquiry on the same issue forming the basis of a prior enquiry. Although this is not a common practice, there are a number of reasons why an employer would consider re-hearing a disciplinary...
Legal representation normally not allowed in disciplinary hearings
From time to time, employees apply to be legally represented in disciplinary hearings. The standard approach adopted by employers, and indeed indirectly supported by the provisions of the Labour Relations Act, is that employees are only entitled to be represented by...
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