Worklaw is a labour law advice and labour law research service,
Worklaw subscribers get Free Legal Advice from experienced arbitrators, and can research labour law and CCMA , Labour Court, Labour Appeal Court and other courts' judgements dealing with issues such as unfair dismissal, unfair labour practices, strikes and lockouts, unfair discrimination and victimization. Subscribers can also use excellent labour relations training material.
developed by some of South Africa`s most experienced labour arbitrators.
Worklaw's publication on Unfair Dismissal covers the following:
Progressive discipline, reasons for dismissal, Who is an employee?, applicants for employment, resignation and the termination of employment, labour brokers, temporary employment services, fixed term contracts and part time employees, procedural fairness
and substantive fairness, misconduct, incapacity poor work performance and ill health / injury, operational requirements, probation, incompatability, automatically unfair dismissal, constructive dismissal, executive dismissals, collective action, dismissal demanded by third party, evidence, remedies for unfair dismissal and the right to review.
Worklaw's publication on Unfair Labour Practice covers the following:
The constitutional right to fair labour practices, promotion disputes, challenging affirmative action appointments, joinder, demotion, probation, training disputes, ''provision of benefits'' disputes, unfair suspension, disciplinary action (short of dismissal), disputes over the failure or refusal to reinstate or re-employ, occupational detriment disputes, remedies and compensation for unfair labour practices and reviews.
Worklaw's publication on Strikes and Lockouts covers the following:
The definition of a strike, legal requirements for strikes, limits on the right to strike, protected and unprotected strikes, picketing, secondary strikes and protest action, dismissal of strikers, lockouts, management responses to strikes, and developing an effective strike avoidance strategy.
Worklaw's Case Law Section contains leading cases dealing with topics such as the following:
Abscondment / absence without leave, affirmative action, aids/HIV, alcohol and drug use, assault and fighting, balance of probabilities, breach of contract, breach of safety rules, constructive dismissal, damage to property, derivative misconduct, disciplinary action, dishonesty, double jeopardy / rehearing / splitting charges, drinking on duty, e-mail and internet abuse, fraud and forgery, grievances, health and safety, hearsay, incompetence
independent contractors, insubordination, intimidation, late-coming, negligence, overtime, polygraphs, refusal to obey instructions, reinstatement, resignation, restraints of trade, retrenchment, secret witnesses, sexual harassment, shopstewards and discipline, sleeping on duty, strikes, suspension, theft, trade union activities, transfers as a going concern, urgent applications, and warnings.
Worklaw's other services include access to the following:
Forms & checklists, model disciplinary procedures and grievance procedures, legislation, codes of good practice, and information about conciliators and arbitrators.
We also offer a Guided Tour of the website features.
Worklaw`s key services are summarised below
If you need to find a case reference or find a case under a specific topic, go to Case Law. If you are still in the dark, use the Help Line, and we’ll answer your query within 48 hours. You may want to check if you have taken the correct steps in, say, suspending or disciplining an employee; if so go to Forms / Checklists. If you want to institute a new policy or procedure; go to Model Disciplinary and Grievance Procedures. If you need to check the actual wording of legislation, this is all set out at Legislation. The Codes of Good Practice on dismissal, sexual harassment, picketing etc can be found at Codes of Good Practice.
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Unfair Dismissal Law
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Conciliators and Arbitrators
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