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Employers: Dismissals can be incompatible with the law

Employers: Dismissals can be incompatible with the law

Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door.  In the absence of statutory guidance, case after...

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Employers: DISMISSING SHOP STEWARDS IS NOT EASY

Employers: DISMISSING SHOP STEWARDS IS NOT EASY

The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union.  The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...

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EMPLOYERS ARE NOT PROTECTED BY THE CORPORATE VEIL

EMPLOYERS ARE NOT PROTECTED BY THE CORPORATE VEIL

The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This renders confusing our understanding of what an employer is and what an...

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The benefit of strong boundaries

The benefit of strong boundaries

Do you often feel taken advantage of, or that you give too much without getting anything back in return – both in your personal and professional life? It might be worth considering whether this is because your personal boundaries are not clear or strong enough....

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Employers: DISCRIMINATION CAN SICKEN EMPLOYERS

Employers: DISCRIMINATION CAN SICKEN EMPLOYERS

Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on twenty arbitrary grounds including race, age, disability, sex and many others. Discrimination at the workplace need not always be unfair. For example, giving company...

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BRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE

BRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE

With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...

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IS INTERCEPTION OF EMPLOYEE EMAILS LEGAL?

IS INTERCEPTION OF EMPLOYEE EMAILS LEGAL?

The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...

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The cascading impact of COVID-19 on employers

The cascading impact of COVID-19 on employers

COVID-19 has brought unprecedented disruption and destruction to not only our lives but the life of our economy. For the month of May 2020, Stats SA reported that 25.8% of companies reported laying off staff for the short term. Even worse, 80.2% of companies reported...

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Employers – Allegations not enough to win cases.

Employers – Allegations not enough to win cases.

Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was...

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