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 […]
Peaceful Striking for Pressure The purpose of strike action is to exert pressure on an employer to concede to employee demands in the collective bargaining process. The demand must be one of “mutual interest” and the strike must be called by a representative union. The striking employees will be protected from dismissal if the proper […]
PART 2: Executive Duties & Dispute Resolution Introduction We focused attention in Part1 of this article on the risks and rewards associated with being an executive director or senior manager. We noted that an executive’s management style and quality of decision making can have profoundly positive or negative effects on an organisation and everyone associated […]
RESOLVING CONFLICT AND DISPUTES AT EXECUTIVE AND SENIOR MANAGEMENT LEVELS: Great Expectations Executives and senior managers carry far greater obligations and duties than employees in more junior positions. They’re much praised for their successes and maligned for their failures – and their activities are relentlessly scrutinised and judged by others both inside and outside the […]
Employer sometimes wishes to make deductions from an employee’s salary to recover a debt which the employee owes to the employer. The debt could have arisen in different ways – such as a loan, damage to company property, theft, fraud or even overpayment of salary. At first glance, it seems practical that an employer should […]
1. Principles Individuals should be free to sell their skills and to practice their trade in the market to make a living. This is a fundamental constitutional right. They are also free to conclude legally binding contracts, such as a restraint of trade, of their own free will. And having freely concluded a contract, they […]