Articles
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...
FIXED TERM TO PERMANENT
FIXED TERM TO PERMANENT: Does employment automatically become permanent if the work continues after a fixed-term contract expires? No - the employee would still have to show that he or she had a reasonable expectation that...
Labour Law in a Nutshell COVID-19
LABOUR LAW IN A NUTSHELL COVID 19 LEAVE: What leave options can an employer consider if business is suffering or closing shop temporarily? Purpose The purpose of this Special Nutshell to clarify the legal position concerning employee leave options during...