employer

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 SMME CLIENT NEWSLETTER – AUGUST 2021 EDITION – NEW CASE LAW: THE HIGH COURT VS THE LABOUR COURT SUMMARY […]

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 SMME CLIENT NEWSLETTER – AUGUST 2021 EDITION – NEW CASE LAW: DISMISSAL FOR NOT FOLLOWING COVID-19 PROTOCOL SUMMARY The […]

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 […]

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, […]

1. There is currently no law specifically regulating polygraph (lie detecting) tests in South Africa! 2. Some employers make use of polygraphs to test the honesty of employees after company property has gone missing or after alleged misconduct. A few employers even request pre-interview polygraph testing! 3. These tests involve electronic sensors placed over the […]

  “Hi, Im working for a construction company as a manager. The company owes me december, january, march and april salaries. I lost because of not paying my debts. Can you please advise me on what steps to take so that i dnt lose the money im being owed and must the company pay me interest because […]

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 […]

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