Tag Archiveslabour law

The use of a polygraph test in Employment law in South Africa

The use of a polygraph test, commonly referred to as a lie detector test and is currently unregulated in South Africa. The test is administered by a Polygraphist who measures and records the physiological indices such as blood pressure, pulse, sweat glands and cardiovascular responses of the person being test, while the subject is asked […]

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conciliation

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this included bargaining and statutory councils. The above-mentioned councils, in conjunction with the Commission for Conciliation, […]

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disciplinary hearings

Disciplinary hearings- the correct way to dismiss misbehaving Employees

Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all the years of misconduct which they were not disciplined for at all); dismiss them either without following any […]

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restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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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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