aanhoor not verhoor Archives

Decriminalising employee discipline: Boardrooms are not courts

by GilesFiles | Nov 26, 2023 | AB - Law generally, Insights | 0 |

Boardrooms are not courts: The decriminalised approach to workplace discipline Courtesy of Employment Alert from attorneys Cliffe Dekker & Hofmeyr: 20 November 2023 “Recently, a few judgments have pronounced on the concept...

Right to be heard: Avoid formal disciplinary hearings

by GilesFiles | Mar 16, 2017 | AB - Law generally, AB1 - Fairness principle or concept, André van Niekerk, Anton Steenkamp, Hearing procedure, Insights, Labour Relations, Lawfulness & fairness, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Parties, Resolving disputes (LRL 3), Risks, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 3 |

Workshop being advertised A workshop is currently being advertised for Initiators & Investigators to enable them to investigate, prepare for and present cases for ‘complainants’ at formal disciplinary hearings. It costs...

SABC disciplinary hearing: Just right to be heard

by GilesFiles | Dec 13, 2016 | 2016, Anton Steenkamp, Hearing procedure, High Court, Misconduct & incapacity, Resolving disputes (LRL 3), State Owned Enterprises, Termination (LRL 8), Words & phrases | 2 |

For 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,...

Avoid criminal justice model: Only right to be heard

by GilesFiles | Aug 19, 2016 | 2016, André van Niekerk, Anton Steenkamp, Causes and defences, Courts, Deceased judges, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Parties, Private enterprises, Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Uasa – Union obo Fouche v CCMA (Impala Platinum) (JR119/12) [2016] ZALCJHB 312 (19 August 2016) per Morgan AJ. The LC reviewed and upheld an award that found a dismissal was not unfair. Once again the importance of...

Discard criminal model: Justice with fairness – Steenkamp J

by GilesFiles | Nov 14, 2010 | 2014 and earlier, AB - Law generally, AB1 - Fairness principle or concept, André van Niekerk, Anton Steenkamp, Balancing interests, Bill of Rights, Courts, Deceased judges, Dignity equality freedom, Hearing procedure, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Misconduct & incapacity, philosophy / economics, Protect not punish, Risks, Sectors, State Owned Enterprises, Termination (LRL 8), Topics, Trust & confidence | 2 |

managers are not experienced judicial officers, but also that workplace efficiencies should not be unduly impeded by onerous procedural requirements

Avoid formal hearings: Use appropriate language

by GilesFiles | Mar 14, 2006 | 2014 and earlier, AB - Law generally, AB1 - Fairness principle or concept, André van Niekerk, Associations/corporates, Awards -s145 see also Sidumo, Courts, ILO Convention 158/1982, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Avril Elizabeth Home for the Mentally Handicapped v CCMA The labour court decided that employers and senior management should avoid formal enquiries in workplaces because the continued application of the criminal justice model...

Tag: aanhoor not verhoor

Decriminalising employee discipline: Boardrooms are not courts

Right to be heard: Avoid formal disciplinary hearings

SABC disciplinary hearing: Just right to be heard

Avoid criminal justice model: Only right to be heard

Discard criminal model: Justice with fairness – Steenkamp J

Avoid formal hearings: Use appropriate language