by VDT Attorneys | May 13, 2019 | Business, Company, Employment, Labour, Unfair Labour Practice
Firstly, it is of importance to understand that a disciplinary warning is not a punishment. According to Schedule 8 of the Labour Relations Act, disciplinary warnings are to be used as a corrective measure to grant employees an opportunity to correct and improve their...
by VDT Attorneys | Feb 7, 2018 | Appeal, Dispute resolution, Employment, Labour, Litigation, Unfair Labour Practice
To clarify the rule of practice that ‘cost orders follow the result’, or plainly put, that the unsuccessful party must pay the costs of litigation, our Constitutional Court recently reviewed this rule of practice in the context of labour matters heard in the Labour...
by VDT Attorneys | Sep 12, 2016 | Dispute resolution, Employment, Labour, Unfair Labour Practice
You are correct. In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements. In your case, the...
by VDT Attorneys | Aug 6, 2015 | Employment, Labour, Unfair Labour Practice
A primary objective of the Labour Relations Act is to encourage parties to resolve their own labour disputes and not have to make use of formal dispute resolution mechanisms. Accordingly, should parties be able to resolve their own labour disputes by way of for...
by VDT Attorneys | Sep 30, 2013 | Employment, Labour, Unfair Labour Practice
This case also dispelled the fallacy that in order to have an unfair labour practice claim against an employer there has to be an employment relationship in existence at the time that the employee declared and referred an unfair labour practice dispute to the CCMA....
