Courts frown on delayed proceedings

The well-known adage “justice delayed is justice denied” is often alleged in instances where employers fail to finalise a disciplinary process for some months or

When is an utterance racist?

In 2016 City Press carried a story with the headline, “We know racism when we hear it.” Although there is no single legal definition for

Wake-up call for minority unions

On 18 May 2020, the Labour Appeal Court (LAC) overturned a decision by the Labour Court about procedurally unfairness. The LAC concluded that the employer

Using social media for legal purposes

We have become addicted to social media. We would be lost without it. It is where we share jokes, pictures and personal information, explode in

Resignation revisited once again!

After Naidoo and a fellow employee resigned from Standard Bank with immediate effect, they were told that the employer would continue with their disciplinary hearings

Resignation to Avoid the Chopping Block

The moot question as to whether an employer may lawfully proceed with and conclude disciplinary proceedings against an employee, post-resignation, before the end of the

A REFERRAL INTERRUPTS PRESCRIPTION

The Prescription Act 68 of 1969 provides that if a debt is not claimed in a period of three years it prescribes. It further provides