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Labour Law

Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions. 

man-holding-briefcase

Dereliction of duty is a charge that is tempting for employers to use especially when they are angry with the employee concerned. 

disciplinary-hearing

The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides, evidence relating to the charges against the employee. Part of the hearing of evidence is the right of the opposing party to cross examine any evidence brought. At such hearings the parties present are normally:

outsourcing

The takeover of an entity or part thereof by a new owner or a new management often causes loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to avoid the expense of taking on additional employees.

termination

What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline and even to dismiss employees for work related misconduct. However, a dismissal will only be upheld by the CCMA, bargaining council or Labour Court where:

person-receiving-termination-letter

It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:

protesting employees

Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum. 

employee looking stressed

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate. 

person working online

The COVID-19 pandemic has accelerated (and for some, cemented) the work from home (WFH) trend, which, before the pandemic, was limited only to a handful of forward-thinking companies.

The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [2021] 2 BLLR 181 (LC) put it beyond doubt that issues which fall under section 23 of the Constitution, the right to fair labour practices, are governed by the principles of procedural and substantive fairness. Furthermore, the Court indicated that such issues are primarily dealt with through the Labour Relations Act 66 of 1995 ("LRA").

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