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 […]
SPLITTING CHARGES: Do multiple charges arising from a single act of misconduct make dismissal more likely?
SPLITTING CHARGES: Do multiple charges arising from a single act of misconduct make dismissal more likely? Workplace disciplinary enquiries have morphed into processes which mimic criminal trials. It starts with the choice of language. “Alleged Misconduct” has become “Charges”. And for extra gravity, Charges add “Counts” as sub-charges flowing from the primary Charge with criminal […]
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 […]
SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee?
SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee? There’s a built-in conflict between the two roles so it’s often difficult to clearly define exactly where the line lies. As an employee, the shop steward has a duty to submit […]
REINSTATE OR COMPENSATE? Will it be impractical to order reinstatement because an unfairly dismissed employee behaved badly in the arbitration?
REINSTATE OR COMPENSATE? Will it be impractical to order reinstatement because an unfairly dismissed employee behaved badly in the arbitration? The primary remedy for an unfair dismissal is reinstatement. But sometimes it’s not reasonably practicable for the employer to reinstate or to re-employ the employee. The most common reason is that events before and […]
NO! TO NO-HOPE CASES: Labour Court on a mission to stop hopeless cases from clogging up the system. The CCMA is swamped with an ever increasing case load. A staggering 188 500 new cases were referred to the CCMA for the year to April 2017. The numbers mean the CCMA has to organise, schedule and […]
HAND-BRAKE ON STRIKES: What do you do if a strike goes on for too long and becomes violent? Purpose of strikes The purpose of a strike or lock-out is to exert enough economic pressure on an employer to agree to specific demands – usually for better pay and benefits. Workers will be protected from dismissal […]
THIRD PARTY DISMISSAL: What if a client instructs a contractor to remove one its employees? Businesses tend to focus on their core functions and outsource non-core functions to specialists. They negotiate with service providers to supply the services on agreed terms and costs – usually in the form of a service level agreement (SLA). […]
SINS OF THE PAST: What if an employee fails to disclose a criminal record in a job interview? Trust Trust is the glue which holds relationships together. Like infidelity in a marriage, the breach of trust can cause an irretrievable breakdown in the working relationship. The relationship may recover if the dishonesty was “not […]