Mediation Advocacy – the Art of Strategy

With mediation becoming formally entrenched in High Court practice through the introduction of Rule 41A, legal practitioners will need to be equipped to represent clients

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

A contractual clause can’t cure fraud

Namasthethu Electrical[1] learnt the hard way that it could not enforce a contractual right it had secured through its fraudulent conduct. The SCA not only

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

Circumstantial Evidence is Important

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

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 WITNESS MUST EXPLAIN DOCUMENTS

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

Employers have the right to recover losses

Employees can cost employers millions through negligence, gross dereliction of duty, mismanagement, fraud and corruption, dishonesty or theft. While employers seldom lay criminal charges or