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Why potential retrenchees are entitled to representation

Why potential retrenchees are entitled to representation

When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a…

Legal
Employee rights proposed for persons in film and television industry

Employee rights proposed for persons in film and television industry

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees…

Legal
Terminating an employment contract and dismissing an employee – how are they interrelated?

Terminating an employment contract and dismissing an employee – how are they interrelated?

A recent case decided by the South African High Court has examined the curious interplay of an employee’s rights as they arise from both the written contract of employment and, at the same time, labour…

Legal
Why you should think carefully before bringing a case to the CCMA

Why you should think carefully before bringing a case to the CCMA

In common law employers and employees have the obligation to treat each other fairly and within the law. …

Legal
Cross-examination is a right

Cross-examination is a right

At a hearing arranged to discipline an employee both parties are entitled to bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses…

Legal
Why pilferage won’t always merit dismissal

Why pilferage won’t always merit dismissal

The Code of Good Practice: Dismissal (The Code) imposes a number of requirements on an employer who is contemplating dismissing an employee for misconduct. Three of these requirements are: …

Legal
What you need to know about the legal principles that distinguish a retirement fund from the employer

What you need to know about the legal principles that distinguish a retirement fund from the employer

It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own…

Legal
Unpleasant CCMA surprises for employers

Unpleasant CCMA surprises for employers

A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never…