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2016-union

Wednesday | 13 September | 2017 The benefits of a trade union

By Michelle Marnewick A trade union is an organisation whose purpose it is to ensure fair labour practices and to watch over the rights and needs of employees in a company. They also look after employers’ and employees’ interests in disputes and negotiations. Many people, especially employers, have negative perceptions  … Read more

Monday | 31 October | 2016 Dismissing an employee without evidence of a breakdown of trust

Gavin Stansfield and Zola Mcaciso   The nature and seriousness of misconduct can be enough to infer the breakdown of the trust relationship without evidence being led to prove the breakdown. In this matter, the employee was dismissed by Easi Access Rental after being found guilty on five charges of  … Read more

Wednesday | 26 October | 2016 Court: CCMA has the power to issue writs

On 10 May 2016 the Labour Appeal Court (the “LAC”) heard two consolidated matters from the Labour Court (the “LC”). The facts and relief sought in both matters were similar. In the MBS application the employer brought an urgent application to the LC seeking an order in terms of which  … Read more

Wednesday | 26 October | 2016 Managers, make sure your people have a life outside work!

Arjun Dev Arora and Raman Frey     A young man with cancer at our Silicon Valley firm requested additional sick time for post-cancer treatments and checkups. Another employee, one who was born in Vietnam and came to this country with his parents, requestedthat he be allowed to work remotely one  … Read more

Thursday | 29 September | 2016 Micromanagement damages your team’s potential

Anja van den Berg   You’ve assigned an important task to a team of talented employees and given them a deadline. Now, do you let them do their work and simply touch base with them at stipulated points along the way – or do you keep dropping by their desks  … Read more

Wednesday | 21 September | 2016 Is your boss insecure? Find out

Eugene Brink   Conventional wisdom dictates that self-confident people with a heightened sense of authority become managers because they have to lead people. Unfortunately this is not always the case. Most of us have or will come up against managers who are insecure in themselves. They have low self-confidence (even  … Read more

Monday | 19 September | 2016 Sexual harassment at work: Disciplinary action alone is not enough

Gillian Lumb and Anli Bezuidenhout   It is not enough to take disciplinary action against an employee who sexually harasses a fellow employee. An employer is obliged to take proactive and reactive steps to eliminate harassment in the workplace. Failure to do so may result in the employer being required  … Read more

Monday | 29 August | 2016 Drunk enough to be dismissed?

Hugo Pienaar and Elizabeth Sonnekus     One would think that if an employee is found to be under the influence of alcohol at work it was a straightforward dismissible offence. Recent case law, however, shows that this is not necessarily so. Employers often operate under the mistaken belief that  … Read more

Thursday | 30 June | 2016 Unlawful demands and the importance of contractual terms

Sipelelo Lityi and Stephanie Goncalves     In G4S Cash Solutions SA (Pty) Ltd v Motor Transport Workers Union and Others (JA51/15) [2016] ZALCJHB 2016 (26 May 2016), the employer required its employees to work on Sundays and on public holidays. The employees refused to work on Sundays and public  … Read more

Tuesday | 21 June | 2016 Should an employee be dismissed for failing to disclose previous convictions?

Ndumiso Zwane   In a recent case before the Commission for Conciliation, Mediation and Arbitration (CCMA), viz. Bhembe/Independent Development Trust (IDT) (2015) 24 CCMA 7.17.1, also reported at [2015] 11 BALR 1149 (CCMA), the Commissioner had to consider whether the dismissal of an employee for failing to disclose that she  … Read more

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