Examples of managers abusing their power when disciplining or terminating employees. 1. Unfair Targeting Example: A manager consistently singles out an employee for minor infractions, such as being a few minutes late, while...
Read MoreFrom about 1976 onwards when management in South Africa began recognising trade unions for the purposes of collective bargaining it was falsely assumed that all such negotiations would be conducted in good faith. When Halton...
Read MoreAnalysis of all available judgments of Labour Appeal Court and Labour Court for last 5 years [as at 14 May 2022] Years Total GilesFiles BLLR & ILJ BLLR ILJ JOL Labour Appeal Court 2022 18 17 2 10 4 6 2021 50 49 33 36 44 26...
Read MoreFrom time to time the Judge President of the Labour Courts issues Directives and some of them appear below and can be accessed by clicking on the links. 5 JANUARY 2022 Access to courts and conduct of proceedings from 17...
Read MoreWhen reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...
Read MoreLegal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago. It will surely be of...
Read MoreIt is important to understand that PSCBC Resolution 2 of 1999 developed the principles for a disciplinary code and procedure for the public sector and avoided the need to use language suggesting any form of criminal conduct. ...
Read MoreDrafting restraint clauses: The following quote and the summary is taken from an important judgment of SCA justice Malcolm Wallis when he started acting in the High Court. Although it was criticized by Davis J in Mozart Ice...
Read MoreEmployees have the right not to be unlawfully or unfairly dismissed [LRA s185]. This simply means that senior management may ‘dismiss’ lawfully and fairly. So employees do not have a ‘guaranteed job for...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
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