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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...

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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...

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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...

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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 for burning...

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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...

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Transnet CEO fights firing

Guests Edward Kieswetter | Group Chief Executive at Alexander Forbes Patrick Deale | Labour Law Expert from Deale Attorneys Click here for full Podcast: http://www.702.co.za/podcasts/180/the-best-of-the-xolani-gwala-show/121893/transnet-ceo-fights-firing The post Transnet CEO fights firing appeared first on Deale Attorneys. Source: Deale Attorneys...

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Labour Law

Transnet CEO fights firing – PODCAST with Xolani Gwala – Radio 702

Guests Edward Kieswetter | Group Chief Executive at Alexander Forbes Patrick Deale | Labour Law Expert from Deale Attorneys Click here for full Podcast: http://www.702.co.za/podcasts/180/the-best-of-the-xolani-gwala-show/121893/transnet-ceo-fights-firing...

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WEED AT WORK: What should employers do about cannabis in the workplace?

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...

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Labour Law

REVIEWS: How do you assess the odds of success?

It’s tough to lose a case in arbitration – especially if you were convinced you’d win. You’re convinced the arbitrator got it wrong and you’re thinking about taking it on review to the Labour Court. If you do, you’ll be in for the long haul – about two years, six figure legal costs and no...

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