Employment law

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Labour law false allegations

‘Double jeopardy’ – When will courts disregard this rule

It is trite that in criminal proceedings a person cannot be tried for the same crime twice, once that person has been acquitted by a competent Court of Law. It has generally been accepted that Employees cannot be subjected to more than one disciplinary enquiry for the same offence, once the Employee has already been […]

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Labour law false allegations

What is polygraph testing and is it admissible in South Africa?

In recent times, polygraph testing has been used more commonly. It was previously only used in the United States of America where it is regulated by legislation. In South Africa, it is frequently used in the Private Security Industry by Employers to dismiss employees that make themselves guilty of dishonest behaviour. There are numerous misconceptions […]

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Labour law false allegations

Basic Conditions of Employment Act Amendment Bill 2017

The Basic Conditions of Employment Act No. 75 of 1997, as amended (the BCEA), which gives effect to the right to fair labour practices referred to in Section 23 of the Constitution by establishing and making provision for the regulation of basic conditions of employment, may see certain amendments in the coming weeks. The Amendment […]

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Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towards the employer, breaches that duty by remaining silent about knowledge possessed […]

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Vicarious liability of employers

It is trite law in South Africa that an employer will be vicariously liable for the negligent act of his or her employee/employees or agent/agents, in the event of the employee/employees or agent/agents acting in a negligent manner during the course of his/her employment. The question that arises from the above is to what extent will […]

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