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 Servicesin October 2016 . “Yes” – said the court later in Coetzee […]
Labour Law.. in a nutshell
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 […]
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: 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 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 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 in October. The CEO applied to court for an urgent interdict to […]
WEED AT WORK: What 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 […]
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 […]