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Articles

Labour Law in a Nutshell January 2020

Labour Law in a Nutshell January 2020

POWER HUNGRY UNIONS: How does the Labour Court deal with unions who ignore the rules of orderly labour relations? We have a problem. The problem is that the rules of engagement are too often simply abandoned when some unions don’t get their way. And anarchy quickly...

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Labour Law in a Nutshell November 2019

Labour Law in a Nutshell November 2019

HOLIDAY RANT: What can an employer do if an employee posts a racist rant while on annual leave? This is what an Edcon employee did while she was on leave in December 2015. She was angry about President Zuma’s decision to replace Finance Minister Nhlanhla Nene with...

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Labour Law in a Nutshell October 2019

Labour Law in a Nutshell October 2019

BAD COMPANY: Should an employee still be reinstated if a dismissal is unfair but the working relationship has broken down?  This is what the Labour Appeal Court (LAC) had to consider in the recent Afgen[1] appeal. If a dismissal is found to be unfair, s193 of the...

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Labour Law in a Nutshell August 2019

Labour Law in a Nutshell August 2019

DEFINING CHARGES: Do disciplinary charges always have to be defined like criminal charges to stick? “No” - said the Labour Appeal Court (“LAC”) in an appeal decided in August 2019[1] There’s often a similarity between misconduct charges in the workplace and charges in...

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Labour Law in a Nutshell July 2019

Labour Law in a Nutshell July 2019

REFRESHER ON RESIGNATIONS: What are the practical mechanics of notice periods? Resignations have featured in several labour court judgements and CCMA awards recently. They reveal quite a lot of misconceptions about how the mechanics of resignations are supposed to...

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Labour Law in a Nutshell June 2019

Labour Law in a Nutshell June 2019

REFUSAL TO CHANGE CONDITIONS: Can an employer dismiss employees for refusing to accept changes to working conditions?   Yes - said the labour court in Numsa vs Trident Steel.  The company needed to restructure its operations to survive. It redefined job descriptions...

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