INDEX OF PUBLIC NEWSLETTERS
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Dismissal for ill-health: The reciprocal duties of employer and employee|
Where a sanction is in excess of the recommended sanction
Once again: proving that the trust relationship has been broken
When is a retrenchment arising from a restructuring an automatically unfair dismissal?|
Weapons and Picketing
Union organising in industries not included its constitution
Is there an obligation to consult with a minority union before retrenchment?|
The end of a long saga: Compensation for unprocedural retrenchment
Is a grading dispute a promotion dispute?
When an arbitrator fails to understand the nature of the dispute|
Insourcing (not outsourcing) - when is it a transfer of a business?
Termination of employment when a client terminates its contract with a service provider
Interpreting a collective agreement|
Agreement to use private arbitration rather than CCMA
Testing positive for dagga taken out-of-work
When will a court overturn an arbitration award?
Technicalities in claiming backpay
Discrimination and the normal retirement age
Overturn a disciplinary sanction on appeal
Is it constructive dismissal if a threat of discipline is made?|
Accommodating religious beliefs
Identifying who is on strike
Failing to meet a condition of continued employment
When political parties take over the role of a trade union|
The remedy when the place of employment is unsafe and unhealthy
Prescription of an arbitration award
The legalisation of private dagga use|
A new take on inconsistency
Does ulterior motive or malice disqualify a protected disclosure?|
Does an employer have the right to set educational qualifications for a job?
When does interest accrue on a compensation order?
Labour broking: when the client is the sole employer|
Proving misconduct is not the same as proving a crime
Does reinstatement include remuneration after the date of reinstatement?
Where disability and misconduct are intertwined|
Incapacity arising from persistent intermittent absence from work
When can an arbitration award be reviewed?
Fairness and treating different groups of strikers differently|
When is a grievance a protected disclosure?
Can costly mistakes be rectified?
When is a retirement policy unfair discrimination?|
Expanding the definition of demotion
The final word on prescription?|
What to do when faced with diametrically opposed versions of the same event
The test for derivative misconduct confirmed
The prerequisite of conciliation before adjudication|
Must a protected disclosure be factually accurate?
Discrimination on an arbitrary ground
Cost orders in the labour courts|
Uber drivers: employees or independent contractors?
Non-renewal of 3 000 fixed-term contracts: are pre-retrenchment consultations necessary?
Not 'reasonably practicable' to reinstate|
Compensation for procedural unfairness
Failing to issue a pre-retrenchment s 189(3) notice
Applying for a job in a restructuring exercise|
Arbitrator bias and inconsistency
Are illegal and invalid dismissals covered by the LRA?
Recovering overpaid remuneration|
The obligation to consider alternatives to retrenchment
The consequences of the termination of a collective agreement
Disregard for a known workplace rule|
When an interdict will not be granted
Misrepresenting qualifications not required for the job
Who is an employee in the gig economy?|
How long must you wait for a late arbitrator?
You snooze, you lose
Union membership thresholds|
An obligation to discipline?
Prescription of claims against the employer (again)
Challenging an appointment|
Employment conditional on a security check
Rights of an unsuccessful job applicant
The final word - proving a breakdown in the trust relationship?|
Automatic termination of employment contract - part 1
Automatic termination of employment contract - part 2
Discrimination on an arbitrary ground|
Is a member of a co-operative an employee under the LRA?
Disciplinary hearing in the employee's absence|
Is ceasing to be a full-time union rep a demotion?
Prescription and employment disputes
When does a restraint of trade agreement become unreasonable?|
Workplace performance: time to improve
Offering an alternative sanction - dismissal or demotion
Importance of the form of contract|
Non-disclosure of criminal record
Racism in the work place: The 'K' word|
Transfer: business or service?
Transport for night shift employees
'Caveat subscriptor' - let the signer beware!|
Witchcraft and misconduct
'Not reasonably practicable'
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
Procedural fairness and the unprotected strike|
Damages for breach of contract under the BCEA
The fairness of a disciplinary rule
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
Refusing a transfer: the borderlines of insubordination|
The role of disciplinary warnings
Moonlighting: when is this allowed?
Extending collective agreements to non-members|
Can a violent protected strike be declared unprotected?
Employee of a church or servant of God?
Categorising the dispute correctly|
Extending a collective agreement to non-members of the majority union
High Court or Labour Court?
What kind of duress results in an agreement being cancelled?|
Proof of the breakdown in the trust relationship
Difficulties in proving wage discrimination
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
Refusing to bargain with a minority union|
Prescription of arbitration awards
Section 197A: Insolvency, smoke and mirrors
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
What can be expected of a probationary employee?|
Extending a retrenchment agreement to non-parties
Is an agreement to allow polygraph testing binding?
Is 'zero tolerance' fair?|
Must the commissioner refer to all evidence led?
Good faith & derivative misconduct
'Deemed to be the employer'|
Salary attachment orders
Constructive dismissal: the danger of resigning in haste
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?
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
Regional or national demographics?|
Accommodating an incapacitated employee
Unfair discrimination: refusing maternity rights to a male employee
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
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
Inconsistency as part of fairness|
Refusing to answer questions: when can an adverse inference be drawn?
Disclosure of the arbitrator's conflict of interest
Refusing legal representation at the CCMA |
You snooze, you lose
Errors in the arbitration award reviewable?
Can merit ever trump an affirmative action policy?|
Interdicting the employer from dismissing
When a lock-out survives a strike
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
Proving contempt: the LAC rules on FAWU's R500 000 fine.|
Public disclosure by an employee, institutional damage to the employer.
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'
Skyping in a disciplinary hearing|
'Unwelcome' conduct of a sexual nature
The dangers of re-employing a retired employee
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?
Clear thinking on consistency|
'He said, she said': Relying on Hearsay evidence
Dismissing a probationary employee
Prescription - again
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?
Is a collective agreement valid if it discriminates unfairly?|
A labour broker's obligation to provide work
Procedural fairness in an unprotected strike
Does an employee's freedom of conscience allow a refusal to obey instructions?|
Lock-outs: limitations and consequences
Settlement agreements and orders of court
When is a dispute a 'matter of mutual interest'?|
Unfair dismissal - but no reinstatement or compensation?
Justifying a restraint of trade
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?
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?
'Deductions from employees' remuneration - what are the limits?' |
What constitutes 'bias' by a commissioner?|
Secondary strikes: what are the legal requirements?
The SCA rules on dreadlocks|
Trade union liability for not representing its members
When can you rectify a written agreement?
Fairness and the missing employee|
The dilemma of the solitary striker
Does the CCMA have to decide jurisdictional challenges before conciliating?
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?
When can a lawyer represent a party at the CCMA?|
Treating non-union employees differently
Compensating age discrimination
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|
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.
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?
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
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?
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
Must one accept expert evidence uncritically?
Changing shift patterns
The limits of short-time
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
What happens when the arbitration transcript is missing?
The employee's duty to assist the employer in a disciplinary hearing
Dreadlocks on appeal
Changing demands during a strike
Misrepresentation on a CV
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?
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?
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?
Assessing the fairness of the decision to retrench
When is an acting allowance a 'benefit'?
Non-attendance at a con-arb in the CCMA
Dispensing with a disciplinary hearing
Reason for dismissal : sending a clear message to other employees that conduct unacceptable
Expired warnings expired : or not really
Dealing with workplace racism
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?
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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