The use of a consultancy agreement vs employment contract can lead to labour disputes as employers often issue consultancy agreements to staff and take them on as independent contractors rather than employees. This is done…
In order to win a constructive dismissal case, it is important to understand three things: 1. what a constructive dismissal is; 2. how the onus of proof works; and 3. what must be established to…
One of the most challenging areas that arises in disciplinary proceedings where a finding of guilt is made, is remorse and progressive discipline. If an employee has acknowledged wrongdoing and committed not to repeat the…
When an employee is retrenched, the employee becomes entitled to be paid severance pay. The calculation of severance pay, according to the Basic Conditions of Employment Act, is one week’s remuneration per completed year of…