Employers are often perplexed when a dismissed employee is retrospectively reinstated by the CCMA or a Bargaining Council. The employer not only has to take
Most companies state quite categorically that the disciplinary code is a guideline. It is usually also recorded that it is not exhaustive, meaning that there
Any and all evidence that is placed before either a disciplinary hearing or an arbitration must be taken into consideration. In the matter of City
When sales had decreased while costs had increased, Aveng – a large steel manufacturer – had no choice but to restructure in order to save
Depending on the facts of the case, it is no longer necessary to lead evidence to show that the employment relationship has irretrievably broken down.
While documents may be relied upon during evidence, a witness must be called to explain what those documents are. The Labour Court made this quite
Worldwide sexual harassment is the most underreported misconduct at the workplace. Following the outing of powerful business and political leaders such as movie mogul Harvey
Every employment relationship is based on trust – the employer trusts the employee to work in the best interests of the organisation, whilst the employee
Credible evidence outweighs denial Introduction Complaints of sexual harassment are frequently met by denial. The denial takes various forms from ‘it didn’t happen’ to ‘it
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