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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…

Legal
Don’t miss your disciplinary hearing

Don’t miss your disciplinary hearing

It is an established fact that employees accused of misconduct are entitled to an enquiry before any dismissal decision is made. Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the…

Legal
False racial allegations are punishable by dismissal

False racial allegations are punishable by dismissal

Employees found guilty of falsely accusing their employers and colleagues of racism face getting the boot themselves. …

Legal
Arbitrators can be taken to task

Arbitrators can be taken to task

It is true that the law does not allow any party to appeal against an award made by an arbitrator at the bargaining council or CCMA.…

Legal
How long is too long?

How long is too long?

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct or pending the holding and outcome of a disciplinary hearing. …