Employment law

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Labour law false allegations

The Racism Card at Work – Can Falsely Accusing Someone of Racism Warrant Dismissal?

Introduction South Africa has been plagued by decades of racism that has not been significantly addressed since our new constitutional dispensation post 1994. As such, tensions have remained high, rightly so, in situations where racism has been alleged. Unfortunately, there have also been situations where false allegations of racism have been used. Most recently in […]

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Labour law false allegations

Demotion in the Workplace: What you need to know

Introduction                                                  Often times Employers set targets for Employees in order to monitor their performance. When an Employee continuously does not meet his/her target, the Employer has to intervene and assess why […]

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Contracts

CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Class Action

Insubordination in the Workplace: What you need to know

Introduction It is a well-established principle, that employees must obey the lawful and reasonable instructions of their respective employers. Refusal to follow such instructions may constitute insubordination. While in some cases insubordination may constitute misconduct, the scope and role of insubordination can sometimes be unclear. What is insubordination As a starting point, a distinction must […]

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Probation

Probation

Introduction When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the waters.’ Probation can be best described as a trial period during […]

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