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Constructive Dismissal

Constructive Dismissal

Constructive dismissal is probably one of the most misunderstood concepts in South African Labour Law. On the one hand the employee may see any action by the employer that does not directly favour his position, as negative. The employer on the other hand is often...
Why Fight? Mediate Instead

Why Fight? Mediate Instead

Headings like “Church and residents clash”, or “Community fighting environmental company” makes you think: is fighting the real solution? Both sides have a legitimate case, but is fighting in court the answer. In the case of the church, the community is complaining...
Disciplinary Procedure: A Prerequisite

Disciplinary Procedure: A Prerequisite

Every company should have a well documented disciplinary procedure in order to discipline any employee should the need arise. While acting as Chairman of various disciplinary inquiries, I have noticed that a number of companies did not have a proper procedure. The...
Disciplinary Hearing: Absence Or Fraud?

Disciplinary Hearing: Absence Or Fraud?

Towards the end of 2015 an administrative staff member of a small company submitted a request for leave from 23rd December and returning on Monday the 4th January 2016. The staff member did not arrive on Tuesday the 22nd December for work; neither did he phone in to...