LABOUR LAW IN A NUTSHELL November 2018 COLLECTIVE MISCONDUCT: What’s the difference between collective and derivative misconduct and why is it important to distinguish between them? PRASA Case PRASA had to pay a high price for failing to make the distinction after it fired 700 employees for derivative misconduct. They suspected NTM members for burning…
Jessica van Zyl
Independent Contributors and Media Partners:
Patrick Deale - Labour Lawyer
Louis Fourie - Environmental Lawyer
Rudy D. Maritz
Originally founded by Ben Fouche of Real Babe Media, Sheqafrica.com has been serving the SHEQ industry since 2007 and contains over 1600 articles from various experts in the Safety, Health and Environmental Management fields. Today, Sheqafrica.com is proudly co-owned by the Africa Media Group(50%) and focuses on Human Resources Management, Risk & Compliance on the African Continent.
The role of the HR and IR practitioner remains undisputed in the selection and placement of competent staff, while the education and training of people goes a long way in achieving business objective.
Sheqafrica.com covers topics on risk & compliance related to basic human rights:
S = Safety in our workplaces and communities
H = Healthcare
E = The Environment we live in
Q = Quality of Life
EXCEPTIONS: Labour Court takes strong exception to an Exception The purpose of an Exception is to object to a defect in the opposing party’s pleadings. Typical exceptions are that the statement of claim is “vague and embarrassing” or that it “does not disclose a cause of action”. The main case can’t proceed until the Exception...
DOUBLE DIPPING: Can an employee claim compensation for unfair dismissal and unfair discrimination in the same case?
DOUBLE DIPPING: Can an employee claim compensation for unfair dismissal and unfair discrimination in the same case? The Labour Court recently confirmed that the two types of claims can indeed be made in the same case. The case concerned an employee who was dismissed by ABSA for gross misconduct. An internal enquiry had found her...
WEED AT WORKWhat should employers do about cannabis in the workplace? Employers may be wondering what to do about employees who want to exercise their newly acquired rights as adults to – “…use or cultivate or possess cannabis in private for his her personal consumption”. Constitutional Court The Con-Court has thus declared that it’s perfectly...