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

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...

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

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...

It is a major challenge for employers to distinguish between employees who are genuinely sick from those who are malingering...

Important labour legislation applies to circumstances where a business or part thereof is transferred by one employer to another as...

If an employer fails to attend an arbitration hearing the CCMA has the power to issue a default award in favour of the employee...

The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to...