Latest Articles
10 requirements for a fair dismissal
Approximately 50% of all arbitrated alleged unfair dismissal cases resulting in it being held that the dismissals were indeed unfair, thereby begging the question – what blocks must be ticked to render a dismissal fair? The ten requirements for a fair dismissal are:...
The vagaries of hospitality industry labour relations
The hospitality industry is one of the fastest growing sectors in the South African economy. Most of the excess hotel room capacity built in anticipation of the 2010 soccer World Cup has since been absorbed by an impressive growth in tourism, fueled in large part by...
The dismissal of incarcerated staff requires caution
Employers have, for some time, toiled with the vexed question of to how to deal with incarcerated employees. This also relates to the procedure employers should follow when an employee is arrested or detained by the South African Police Services for a lenghty period,...
Can a resignation be withdrawn?
The courts, CCMA and Bargaining Councils are, on occasion, faced with cases which deal with the question of whether, or not, an employee has resigned, and if so, whether the employee was entitled to withdraw his or her resignation. It can occur that an employee...
Expired warnings can still justify dismissal
Disciplinary procedures and codes, amongst other things, clarify the validity periods of varying degrees of disciplinary warnings (sometimes referred to as sanctions). Validity periods vary from company to company; but typically verbal warnings are valid for three...
Changing job content is not always unfair
The changing of an employee’s job content is frequently a highly sensitive and troublesome process which often has the potential to spawn individual labour disputes, and at times, collective conflict. It is not uncommon for employers to hear the refrain, “ .. but...
Ill health absenteeism requires investigation
Prolonged employee absenteeism due to ill health presents employers with a conundrum as lengthy or habitual absenteeism impacts on productivity. One thing is certain, employers may not simply dismiss employees who are absent for a lengthy period, or have a pattern of...
SETA accredited training is the key to discipline competence
Regardless of the raft of imminent labour law amendments and the introduction of yet further regulation in workplace law, one thing will remain constant. Discipline and dismissal will continue to account for in excess of all labour disputes country-wide. This should...
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...