Managing People

The meaning of a hearing de novo in arbitration proceedings

Section 138 of the Labour Relations Act 66 of 1995 accords the commissioner discretion to determine the matter and form of the proceedings in an unfair dismissal dispute.

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Who should provide transport after hours?

The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the safety of workers during their commute to and from work.

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Obtaining a damages award against a financially distressed union

The fact that an award of compensation against a trade union might cause further financial damage is not in and of itself a reason for not granting the relief.

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Sir, your maternity leave has been granted

From the early 1950's women in South Africa were involved in many activist campaigns to fight for their maternity leave benefits in the workplace.

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A new dispensation for non-standard employment

From midnight on 31 March 2015 a new dispensation kicked in for employees on fixed term or part time contracts and for clients who employed the services of labour brokers (called temporary employment services in the Labour Relations Act 66 of 1995).

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Can an employer alter a decision in a disciplinary hearing?

May an employer overturn the decision of a chairperson of a disciplinary hearing if it believes the chairperson’s sanction was too lenient?

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Can video recordings be used as evidence?

In terms of section 138(1) of the Labour Relations Act 66 of 1995 ( as amended) ("The LRA") A "Commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substant

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The Labour Relations Amendment Act 6 of 2014

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It is anticipated that the Amendment Act will come into operation on 1 January 2015.

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Have you been retrenched?

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Can an employee approach the CCMA directly for the purposes of requesting information from their employer in a retrenchment exercise?

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Exploring the transfer of employees

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To what extent, if any, can employees be transferred from one employer to another in circumstances where an outsourcing arrangement is terminated with one service provider and another outsourcing arrangement for the provision of t

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