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SchoemanLaw Inc
Unpacking Sexual Harassment in the Workplace

Unpacking Sexual Harassment in the Workplace

by Aphelele Mabanga | Feb 10, 2021 | Employment law, Publications

Sexual harassment, a violation of human rights and a form of sex discrimination, is costly to employees in the workplace. Although many countries have legislation governing sexual harassment in the workplace, it remains pervasive and underreported. This is because...
Conciliation Proceedings: No show for the Respondent!

Conciliation Proceedings: No show for the Respondent!

by Petrus Khumalo | Jan 21, 2021 | Employment law, Publications

Conciliation is a crucial stage of resolving labour-related issues in a speedily and cost-effective manner, especially for the benefit of the parties, but more importantly, the vulnerable employees’ sector of our society. The Labour Relations Act, 66 of 1995...
A lucky escape, or not so much: resigning with immediate effect to avoid disciplinary action

A lucky escape, or not so much: resigning with immediate effect to avoid disciplinary action

by Aphelele Mabanga | Jan 14, 2021 | Commercial law, Contract Drafting, Employment law, Publications

It has now become a norm that an employee will render their resignation with immediate effect in the hopes of avoiding the consequences of being dismissed for misconduct, and thus, free themselves from the constraints of a stained disciplinary record that may ruin...
The Fine Line Between Negligence and Poor Performance

The Fine Line Between Negligence and Poor Performance

by Gabriella Keeble | Dec 15, 2020 | Employment law, Publications

Gross negligence is a form of misconduct that allows for summary dismissal if found guilty. But often employees are left speechless, unaware that what they had done or failed to do had amounted to gross negligence. To attempt to avoid a claim for unfair dismissal,...
May an Employer Impose a Sanction Against an Employee where there are Pending Criminal Proceedings Arising out of Charges Unrelated to his/her Employment?

May an Employer Impose a Sanction Against an Employee where there are Pending Criminal Proceedings Arising out of Charges Unrelated to his/her Employment?

by Petrus Khumalo | Nov 21, 2020 | Employment law, Publications

It is a common labour practice that employers require a police clearance certificate to investigate whether or not any criminal offence has been recorded against the employee. Such a requirement may be contained in the employee’s contract of employment or...
Undefined “benefits” the Cause for Unfair Labour Practices

Undefined “benefits” the Cause for Unfair Labour Practices

by Guest Author | Oct 21, 2020 | Employment law, Publications

The exercise of employers’ conduct in relation to the provision of employment benefits has left many employees vulnerable to unfair labour practices.[1] In this article, I will analyse the challenges to the interpretation of what constitutes the term...
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