Appeal from the CCMA

It is important to note that there is no Appeal from the CCMA, only review. Review means that we have to prove that the Commissioner (Arbitrator) misdirected him or herself and/or made a fatal error in the award. We have  →

Arbitration

Although we, as attorneys, do run arbitrations for our Clients we do get calls from time to time about how arbitrations should be run.  This is a very basic document and should be read in conjunction with both the Labour  →

Employment and Loadshedding

We have had numerous requests over the past few months as to whether the load shedding can affect the employment relationship, and in particular, the payment for work not done. The reality of the situation is that any businesses, stretching  →

Polygraph & other forms of lie detection

I’ve recently read much about the lie detection scenario including the latest Labour Court case on this. It must be borne in mind that lie detection and in particular polygraph testing is just a tool. It cannot constitute conclusive evidence and nor can it  →

Referrals to CCMA and Bargaining Council

After an employee has left your employ he/she normally has 30 days in which to refer the matter either to the Commission for Conciliation, Mediation and Arbitration or the relevant Bargaining Council. Obviously this referral could be done after the  →

Retrenchments | Refusal to accept reasonable alternative offer

In terms of Section 189 of the Labour Relations Act, the Employer is obliged to try and find alternative positions for the people who are occupying positions that will in due course become redundant. If there is a reasonable and  →

Sick – A reason for Dismissal

The Labour Court has taken a specific look at whether illness can lead to dismissal. The Fire Department did not employ diabetics as fire fighters and was found that this constituted unfair discrimination. The Courts said that it was necessary  →

Welcome back to the world of work

This is going to be a very interesting year on the labour front.  All of us who are able to go to work should feel privileged and thankful.  The statistics tell us that only 40% of the Matriculants will be  →