A selection of references from the December 2024 issues of the Lexinfo Employment and Labour Law Alert.

When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA)...

Labour law gives the employee the onus of proving that he/she was dismissed. Therefore, if the employee cannot prove the existence of an all

Too many employers make the mistake of unnecessarily delaying the charging of employees for misconduct. Failing to discipline employees...

The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to...

Employers often fail to investigate allegations of misconduct or poor performance properly because they are busy, because of feelings of...

The rights of workers to join trade unions and to participate in their activities is heavily protected by the Constitution and by the...

Labour law heavily protects employees from unfair dismissal. Section 188 of the LRA effectively provides that a dismissal will be unfair...

Conciliation is a process used by the CCMA and bargaining councils to enable the disputing parties to settle the matter amicably without...

While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...

The Labour Relations Act (LRA) does not define the meaning of “unfair” but describes “Unfair labour Practice” as “any unfair act...

Despite the fact that the CCMA and Labour Courts judge employers on the fairness of their actions in respect of employees the...

Since 1995 South African employees have had very strong labour law rights. These include, amongst others, the right to join trade unions...

Employee work performance is a key requirement for the operational success of businesses and other workplaces in South africa...

There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee’s employment to...

There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury...

Section 188 of the LRA provides, in effect, that the employer is assumed, from the outset of an arbitration hearing or court case, to be...

Every employee who is charged with workplace misconduct has the legal right to challenge all the evidence brought by the employer...

The Rustenburg Platinum finding and the Shoprite Checkers finding that I discussed in previous articles show that arbitrators and judges...

The law does allow employers to dismiss employees for dishonesty. This is because dishonesty can destroy the ability of the employer...