For a dismissal to be fair, it needs to be two things: procedurally fair; substantially fair. Procedural fairness means the employer followed a fair procedure with regards to notices, warnings, the disciplinary hearing, etc. Substantive fairness means the employer dismissed you for a valid reason. When determining the sanction following a fair disciplinary hearing (which […]
Message from our Head of SMME Legal, Mr. Andries Cornelissen (B. Proc, Practical Legal Training, Accredited and Certified Mediator, International Accredited and Certified Mediator London School of Mediation, Certified and Accredited Conflict Coach, Practicing Associate: The Association of Arbitrators, Certified and Accredited AHI Representative). We have noted with great concern the prodigiously circulated recent arbitration award […]
By Andries Cornelissen B. Proc, Practical Legal Training, Accredited and Certified Mediator, International Accredited and Certified Mediator London School of Mediation, Certified and Accredited Conflict Coach, Practicing Associate: The Association of Arbitrators, Certified and Accredited AHI Representative The legislature recently made amendments to exiting legislation. The below snapshot of such amendments may apply to your business: […]
Some people live in constant fear of being fired. Who is going to pay for the bond, the car, the children’s school fees, etc.? What if my boss has a bad day and decides to fire me at the drop of a hat? If it can happen in The Devil Wears Prada, it can probably […]
Maternity UIF is not something you should be worried about during your pregnancy. Expecting a baby is a wonderful blessing. It’s a time to reflect on potential names, tiny baby outfits, your birth plan, etc. Let’s get those Maternity UIF questions out of the way so you can get back to focusing on what’s important. […]
Domestic Worker Wage Increases A Sectoral Determination issued by the Department of Labour for 1 December 2015 – 30 November 2016: Note: if you are not listed in Area A, you fall under Area B. As found at www.labour.gov.za: Area A: Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, […]
Victimization is a sneaky evil that must be stopped. Notes: While you have 90 days to refer an unfair labour practice to the CCMA, you only have 30 DAYS to refer an unfair dismissal. Chapter two of the Employment Equity Act also sets out a few practices that could amount to victimization (preventing employees from […]
Dismissal is tough to swallow, especially in this economy. It’s a nasty feeling, especially if you have reason to believe that the dismissal was unfair. Did you know that about 100 000 cases were referred to the CCMA last year? Legal Hero saves the day by arranging CCMA/ Labour court representation for its […]