An employment relationship is inherently unequal. The employer dishes out instructions, and the employee is duty-bound to follow those instructions (if they are lawful and reasonable), and in general to…
Employing a key staff member can feel like risky business. They will get to know your clients, your systems, your "tricks of the trade". All well and good: you want…
It happens with some regularity that an employee refers a dismissal dispute to the CCMA, and the employer arrives at the hearing bearing a termination agreement with the employee's signature. In it, the…
The recent Labour Court judgment in Simba v Mothoka's Trading and Others suggests that xenophobia is alive and well, even in the halls of justice. The commissioner who heard this labour…
As this blog series comes to a close, we have yet to consider the recent changes to the law on part-time employment. Again, the new law applies only to employees…
Many people are employed on fixed term contracts which are renewed time and again with no promise of job security beyond the current term of the contract. After the third…
Throughout recent deliberations on amendments to the Labour Relations Act, the status of labour brokers, or "temporary employment services (TES)" was a hot button issue. Trade unionists called for their outright…
Prior to 2002, any dispute arising from an employee's retrenchment from work, had to go to the CCMA for conciliation (a sort of mediation) and thereafter, if not resolved, to…
The Labour Relations Act has long provided for the possibility of what was called (to the dread of many an employee) a "pre-dismissal hearing". This had the effect of a CCMA…
PRIVATE ARBITRATION Where an employer and employee have made no other agreement about resolution of disputes between them, their disputes are generally conciliated and, if not required to go to…
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