Process for unfair retrenchment claims

With the current state of the economy, many companies are retrenching employees, giving rise to potential claims against those companies. The process for unfair retrenchment claims depends on a number of factors, and it is…

hearsay evidence in the CCMA
Admissibility of Hearsay Evidence in the CCMA

There is often a debate about the admission of hearsay evidence in the CCMA, and whether the rules of evidence are more relaxed in the CCMA than in the Labour Court, allowing for hearsay evidence…

dereliction of duty and poor performance
Dereliction of duty and poor performance

Employers often face the situation where an employee fails to do his / her job properly. It is necessary, in such cases, to understand the difference between dereliction of duty and poor performance. This distinction…

COIDA claims for Covid-19
COIDA claims for Covid-19

COIDA provides for employees to receive compensation for injuries and diseases contracted at work. Given the current pandemic, many employers are grappling with whether or not to submit COIDA claims for Covid-19. The issue is…

dismissal for refusing to vaccinate
Dismissal for refusing to vaccinate

One of the issues that employers are currently dealing with, is whether they may require employees to take the covid-19 vaccine, and if employees do not do so, whether a dismissal for refusing to vaccinate…

derivative misconduct
Derivative Misconduct if Perpetrators Can’t Be Identified

Employers often face situations where they are unable to identify perpetrators of misconduct, but where they need to take disciplinary action. A common example is where strikers commit acts of violence and intimidation. Another example…

legal representation in disciplinary hearings
Is legal representation in disciplinary hearings allowed?

Many employees who are charged with misconduct would prefer to have legal representation in disciplinary hearings in order to ensure that their rights are protected and to give them the best possible chance of being…

suspend an employee
When can an employer suspend an employee?

When an employee commits misconduct, the employer sometimes considers suspending the employee pending a disciplinary hearing. But when can an employer suspend an employee? There must be a good reason for suspending an employee. For…

disciplinary hearing through written representations
Disciplinary hearing through written representations

With the increase in remote working arrangements and the risks that come with workplace settings, many employers who are taking disciplinary action against employees, are opting for a disciplinary hearing through written representations. This is…

retrench employees during business rescue
To retrench employees during business rescue?

Many employers which are facing financial difficulties as a result of the Covid-19 lockdown. While some employers have gone into liquidation, others have gone into business rescue, and have initiated retrenchment processes. This gives rise…