Labour Law in a Nutshell April 2019

RESIGNATION & DISCIPLINE: Can an employer proceed with a disciplinary enquiry after an employee resigns with immediate effect on receipt of a notice of suspension or notice of enquiry? No & Yes “No” – said the Labour Court in Kalipa Mtati v KPMG Services[1]in October 2016 . “Yes” – said the court later in Coetzee v […]

Consumer Goods Council of SA – Social Compliance Audits

On the 25th of April 2019, we hosted a forced Labour workshop. Presenters outlined the percentages of this modern-day slavery practices, whereby we saw that most of the poor countries are involved in the act. The poor citizens of the countries are the victims of the act, as they are more vulnerable. A survey was […]

Labour Law in a Nutshell March 2019

ENQUIRY DELAYS: When does a delay in prosecuting a disciplinary enquiry become unreasonable and unfair? The general rule is that a disciplinary inquiry must be held within a reasonable time from the date on which the alleged misconduct occurred – or from the date from which the employer first became aware of it. The idea […]

Labour Law in a Nutshell February 2019

STRIKE FOR STRESS: Why are workers still willing to go on strike when the odds of scoring real financial gains are stacked against them?   The annual wage negotiations and “strike season” will unfold again in the next few weeks. It’s generally understood that the main reasons workers go on strike are to secure better […]

Labour Law in a Nutshell January 2019

LABOUR LAW in a Nutshell: What to expect in 2019? Politics The upcoming elections will turbo charge the levels of populist rhetoric and activity in both public and private workplaces.  Competition between the pro-poor and left leaning Saftu versus its former comrades, the ANC aligned and more moderate Cosatu will intensify in the media and […]

Labour Law in a Nutshell November 2018

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[1] had to pay a high price for failing to make the distinction after it fired 700 employees for derivative misconduct. They suspected NTM members of burning […]

TRUST AT THE TOP:  Can a Board of Directors skip the disciplinary procedure and use a fast-track procedure to dismiss a CEO when they believe the trust relationship has broken down?

TRUST AT THE TOP:  Can a Board of Directors skip the disciplinary procedure and use a fast-track procedure to dismiss a CEO when they believe the trust relationship has broken down? This possibility of such a novel procedure emerged in the Labour Court[1] in October. The CEO applied to court for an urgent interdict to […]

Child Protection Week Gets Underway

Government, led by Social Development Minister Bathabile Dlamini, will today launch Child Protection Week in Langa, Cape Town. As the custodians of the Children’s Act, the Department of Social Development said the annual campaign will this year be launched under the theme, ‘Let us all Protect Children to Move South Africa Forward’. The launch, which […]

Law enforcement?

A guy runs a pedestrain over and the police stops him. “Sir, you just hit a pedestrian back there!” the cop said. “Yeah, but it was only a safety officer.” defended the motorist. “What do you mean only?” the cop exclaimed. “Well, I didn’t do it on purpose, officer, I just thought, seeing that he […]

Labour Department Can’t Protect Workers

Employers violating health and safety and other labour regulations stand a good chance of getting away with it because the Department of Labour has a serious shortage of inspectors and low inspection targets. Presenting the department’s Annual Performance Plan for 2017-18 to Parliament’s Portfolio Committee on Labour on Wednesday, Director-General Thobile Lamati said the Inspections […]