Articles
REASONABLE EXPECTATIONS- LABOUR LAW in a NUTSHELL January 2021
REASONABLE EXPECTATIONS: What factors does the Labour Court consider in a claim based on reasonable expectations of renewal when a fixed term contract is not renewed? LABOUR LAW, in a NUTSHELL, January 2021 It often happens that an employer renews a...
Patrick Deale on Radio 702: Suspended Employees Choosing Chairpersons and Presiding Officers for their Disciplinary Enquiries
What is the legality and commonality of suspended employees choosing chairpersons and presiding officers to oversee their disciplinary hearings? Patrick Deale, expert labour lawyer from Deale Attorneys, joins Gugu Mhlungu on Night Talk, Radio 702, to answer the...
INCOMPATIBILITY: What can an employer do about conflicting personalities?
Labour Law in a Nutshell: November 2020 Avis was faced with serious incompatibility problems between two managers. They decided to use an operational requirements process to resolve them. They combined the positions of the two incompatible managers. Each was invited...
REVIEW vs APPEAL: How does the labour court tell the difference between a review and an appeal?
Labour Law in a Nutshell: October 2020 The test on the review is well-established. The applicant must establish a reviewable irregularity by the arbitrator which rendered the award unreasonable. In other words - it was a decision which no reasonable decision-maker...
What if an employee uses his private cell-phone to take unauthorised photos inside the employer’s factory?
Espionage: What if an employee uses his private cell-phone to take unauthorised photos inside the employer’s factory? The reason for taking the photos could be quite innocent – or it could be sinister. The innocent reason could be that the employee simply wants to...
Patrick Deale on Radio 702: Rights of Employees Who’ve Been Reinstated After a Disciplinary Hearing then Later Fired
Patrick Deale speaks to Gugu Mhlungu on NightTalk, Radio 702, about the rights of employees who’ve been dismissed despite being reinstated following a disciplinary hearing. Reference was made to Eskom’s Matshela Koko’s disciplinary hearing and reinstatement, where the...
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