INDEX OF PUBLIC NEWSLETTERS


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August   2017 Who is an employee in the gig economy?
How long must you wait for a late arbitrator?
You snooze, you lose
 
July   2017 Union membership thresholds
An obligation to discipline?
Prescription of claims against the employer (again)
 
June   2017 Challenging an appointment
Employment conditional on a security check
Rights of an unsuccessful job applicant
 
May   2017 The final word - proving a breakdown in the trust relationship?
Automatic termination of employment contract - part 1
Automatic termination of employment contract - part 2
 
April   2017 Discrimination on an arbitrary ground
Disability Discrimination
Is a member of a co-operative an employee under the LRA?
 
March   2017 Disciplinary hearing in the employee's absence
Is ceasing to be a full-time union rep a demotion?
Prescription and employment disputes
 
February   2017 When does a restraint of trade agreement become unreasonable?
Workplace performance: time to improve
Offering an alternative sanction - dismissal or demotion
 
January   2017 Importance of the form of contract
Unauthorised absenteeism
Non-disclosure of criminal record
 
November   2016 Racism in the work place: The 'K' word
Transfer: business or service?
Transport for night shift employees
 
October   2016 'Caveat subscriptor' - let the signer beware!
Witchcraft and misconduct
'Not reasonably practicable'
 
September   2016 Is an agreement not to use the CCMA or courts valid?
Is a Labour Court writ necessary before a CCMA award can be enforced?
The Constitutional Court considers garnishee orders
 
August   2016 Procedural fairness and the unprotected strike
Damages for breach of contract under the BCEA
The fairness of a disciplinary rule
 
July   2016 The Constitutional Court rules on demographics for Employment Equity Plans
Can an employee choose any representative in a disciplinary hearing?
Workplace rules must be known and clear
 
June   2016 Refusing a transfer: the borderlines of insubordination
The role of disciplinary warnings
Moonlighting: when is this allowed?
 
May   2016 Extending collective agreements to non-members
Can a violent protected strike be declared unprotected?
Employee of a church or servant of God?
 
April   2016 Categorising the dispute correctly
Extending a collective agreement to non-members of the majority union
High Court or Labour Court?
 
March   2016 What kind of duress results in an agreement being cancelled?
Proof of the breakdown in the trust relationship
Difficulties in proving wage discrimination
 
February   2016 Affirmative action: why the SAPS got it wrong
Garden leave? Another kind of notice period
Is the 'old' employer in a s197 transfer still bound by contractual obligations?
 
December / January   2016 The consequences of delays in pursuing a review application
What happens to the employees when a service agreement terminates?
The consequences of not participating in pre-retrenchment consultations
 
November   2015 Refusing to bargain with a minority union
Prescription of arbitration awards
Section 197A: Insolvency, smoke and mirrors
 
October   2015 The right to hire replacement labour during a lock-out.
Dismissal for refusing to take a medical examination
Invalid Disciplinary Code in the municipal sector
 
September   2015 What can be expected of a probationary employee?
Extending a retrenchment agreement to non-parties
Is an agreement to allow polygraph testing binding?
 
August   2015 Is 'zero tolerance' fair?
Must the commissioner refer to all evidence led?
Good faith & derivative misconduct
 
July   2015 'Deemed to be the employer'
Salary attachment orders
Constructive dismissal: the danger of resigning in haste
 
June   2015 The fairness of appraisal systems for a discretionary bonus
The obligation of an employer to provide transport for employees working after 18h00
What does a reinstatement order cover?
 
May   2015 Can an employer lock-out non-striking employees?
When is an agreement to demote an unfair labour practice?
Contracts providing for 'automatic' termination of employment
 
April   2015 Regional or national demographics?
Accommodating an incapacitated employee
Unfair discrimination: refusing maternity rights to a male employee
 
March   2015 Invalid or unfair? The LAC declares 2 previous LAC decisions wrong
When can a union bind its members in a retrenchment consultation?
Resignation v Retirement
 
February   2015 Employer consistency: what are we comparing?
Negligence vs gross negligence - what's the difference?
 
December / January   2015 Independent contractors or employees?
Team misconduct: what must an employer prove?
Communicating the strike ultimatum
 
November   2014 Inconsistency as part of fairness
Refusing to answer questions: when can an adverse inference be drawn?
Disclosure of the arbitrator's conflict of interest
 
October   2014 Refusing legal representation at the CCMA
You snooze, you lose
Errors in the arbitration award reviewable?
 
September   2014 Can merit ever trump an affirmative action policy?
Interdicting the employer from dismissing
When a lock-out survives a strike
 
August   2014 Does bumping form part of LIFO?
Substance and not form: deciding whether a business has been transferred as a going concern.
The employee's obligation to prove there was a dismissal
 
July   2014 Proving contempt: the LAC rules on FAWU's R500 000 fine.
Public disclosure by an employee, institutional damage to the employer.
 
June   2014 Reinstatement into a restructured post?
What weight should a lack of remorse and dishonesty be given as aggravating circumstances?
The SCA rules on a 'deemed dismissal'
 
May   2014 Skyping in a disciplinary hearing
'Unwelcome' conduct of a sexual nature
The dangers of re-employing a retired employee
 
April   2014 Ducking the employment relationship
Dishonesty in the application process
Can you appeal a review decision if you did not oppose the matter?
When can a judgment on appeal be implemented immediately?
 
March   2014 Clear thinking on consistency
'He said, she said': Relying on Hearsay evidence
Dismissing a probationary employee
Prescription - again
 
February   2014 The SCA rules on absenteeism to train as a sangoma
The consequences of delay in challenging irregular appointments
Does majoritarianism prevent collective agreements with minority unions?
 
December / January   2014 Insubordination or legitimate trade union activity?
The unreasonable arbitrator as a ground for review
Can arbitrators' awards prescribe?
 
November   2013 Is a collective agreement valid if it discriminates unfairly?
A labour broker's obligation to provide work
Procedural fairness in an unprotected strike
 
October   2013 Does an employee's freedom of conscience allow a refusal to obey instructions?
Lock-outs: limitations and consequences
Settlement agreements and orders of court
 
September   2013 When is a dispute a 'matter of mutual interest'?
Unfair dismissal - but no reinstatement or compensation?
Justifying a restraint of trade
 
August   2013 Family responsibility leave - what are the limits?
Proving facts at arbitration: When is it fair to disregard evidence of a vehicle recovery device?
When can a whistle-blower prevent a disciplinary hearing?
 
July   2013 What constitutes a 'meaningful joint consensus seeking process' in a retrenchment under section 189 of the LRA?
The requirements for a fair ultimatum during an unprotected strike
Can an employer compel an employee to work in an 'acting' capacity?
 
June   2013 'Deductions from employees' remuneration - what are the limits?'
 
May   2013 What constitutes 'bias' by a commissioner?
Secondary strikes: what are the legal requirements?
 
April   2013 The SCA rules on dreadlocks
Trade union liability for not representing its members
When can you rectify a written agreement?
 
March   2013 Fairness and the missing employee
The dilemma of the solitary striker
Does the CCMA have to decide jurisdictional challenges before conciliating?
 
February   2013 Holding a second disciplinary hearing
Joining the new employer to the dispute against the old employer
Do franchise agreements fall outside the scope of s 197 of the LRA?
 
December / January   2013 Overturning irregular appointments
A return to the 'reasonable employer test'?
Two companies, one employer?
 
November   2012 When can a lawyer represent a party at the CCMA?
Treating non-union employees differently
Compensating age discrimination
 
October   2012 Strike notice: who has to give it?
Payment for full-time shop stewards during a strike
Misrepresentation & settlements 'in full & final settlement'
 
September   2012 Appointments and Promotions
 
August   2012 Settlement agreements.
The consequences of not providing an interpreter during arbitration.
Whether employees who have resigned from a trade union are bound by a collective agreement signed by that trade union.
 
July   2012 Is it okay to use polygraphs in recruitment?
The limits of constructive dismissal
How does one go about changing conditions of employment in a large organisation?
 
June   2012 When is an employer bound by contracts entered into by an employee?
Terminating a fixed term contract before the completion of the project
Trade union liability for damages caused during union gatherings
 
May   2012 Is a transfer of shares a transfer of a business as a going concern?
When is a disciplinary matter 'urgent'?
When is a restraint of trade unreasonable?
 
April   2012 What is the effect of making a settlement agreement an order of court?
When is a company bound by the actions of a director?
A transfer of a business as a going concern
 
March   2012 Must one accept expert evidence uncritically?
Changing shift patterns
The limits of short-time
 
February   2012 Dismissal for refusing an illegal instruction
Challenging an order for back-pay
Publishing criticism about your employer
 
December / January   2012 NOTICE: Domestic workers' wages
Do all strikers have to give notice of the strike before they are protected?
Unilateral reduction in salary
 
November   2011 What happens when the arbitration transcript is missing?
The employee's duty to assist the employer in a disciplinary hearing
 
October   2011 Dreadlocks on appeal
Changing demands during a strike
Misrepresentation on a CV
 
September   2011 Constructive dismissal: what must a commissioner decide?
Turning to the technical point: the test for review in constructive dismissal cases
The case of polygraphs and extended suspension
Independent contractor or employee?
 
August   2011 During the strike: leave, public holidays, and benefits
1. Is it correct to say that a strike 'suspends' the employment relationship?
2. If the rule is 'no work, no pay', does this extend to benefits?
3. If there is a public holiday during a strike, must an employer pay for this in terms of s 18 of the BCEA?
 
July   2011 When does a change to the method of performing work amount to a change to terms and conditions of employment?
Deviating from the Chairperson's disciplinary sanction
Do illegally employed foreigners fall under the LRA?
 
June   2011 Assessing the fairness of the decision to retrench
When is an acting allowance a 'benefit'?
 
May   2011 Non-attendance at a con-arb in the CCMA
Dispensing with a disciplinary hearing
 
April   2011 Reason for dismissal : sending a clear message to other employees that conduct unacceptable
Expired warnings expired : or not really
Dealing with workplace racism
 
March   2011 Constitutional Court judgement opens the door for mine workers to sue their employers for health damages
Discrimination on grounds of HIV
A transfer as a going concern? - or a new company starting up?
 
February   2011 The SCA speaks on second-generation outsourcing
Restructuring to generate greater profits
 
December / January   2011 Can a client refuse to 'reinstate' a labour broker's employee?
 

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