Historically, the process for suspending an employee was fairly complex. The law on suspensions was interpreted by the Labour Court as requiring a pre-suspension hearing in which the employee was required to be given an…

In recent times, many employers are turning to labour law mediation as an alternative means of resolving labour disputes. The process involves a neutral third party, who is skilled in mediation, attempting to facilitate a…

In the employment context, the situation may arise where there is a link between mental illness and disciplinary action.Employers must deal carefully with these situations, as if they are not correctly managed, this can give…

In a disciplinary hearing, reference may be made to aggravating factors and mitigating factors. This post addresses the meaning of these concepts, and how they should be approached by the parties to the hearing. A…