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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...
SOCIAL MEDIA – ITS DANGERS

SOCIAL MEDIA – ITS DANGERS

During the past couple of months, we have seen an increase in disciplinary action taken against employees due to the “incorrect” use of social media. The first point to note is that any adverse posting done by an employee could have a negative effect on the Company....
Our Field Of Expertise

Our Field Of Expertise

Mediation / arbitration is such a vast field, that any good mediator / arbitrator must specialize in a field. Wilbrink & Associates have, due to their experience and academic background, decided to specialize in the Labour and technical field. Even this field is...
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...
STANDARD CLAUSES

STANDARD CLAUSES

After my previous News Letter (Alternate Dispute Resolution) I received a number of calls requesting sample clauses to be added to their documents. I would like to quote the AFSA clauses: Arbitration Clause for incorporation in Standard Contracts or for use before a...