Click here for June 2024 newsletter
Is a union bound by its certificate of registration and constitution?

Click here for May 2024 newsletter
'Being an accomplice: an alternative to derivative misconduct?'

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'Strike law: Latest cases.'

Click here for March 2024 newsletter
'Factors in deciding an appropriate sanction'

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'The violent strike: What remedies are there?'

Click here for January 2024 newsletter
'Is there a distinction between dishonesty and gross dishonesty?'

Click here for November 2023 newsletter
'When can a settlement agreement be set aside?'

Click here for October 2023 newsletter
'When is a restraint of trade agreement unreasonable?'

Click here for September 2023 newsletter
"Business rescue: what does it mean for the employment relationship?"

Click here for August 2023 newsletter
Artificial Intelligence in the Workplace

Click here for July 2023 newsletter
"Two issues in Strike law: Provocation by an employer leading to an unlawful strike, and the erroneous payment of wages to strikers"

Click here for June 2023 newsletter
'The employee in prison'

Click here for May 2023 newsletter
'Amendments to EEA and new CCMA Rules'

Click here for April 2023 newsletter
'Legal responses to lay-offs.'

Click here for March 2023 newsletter
'Strike law: 3 issues clarified'

Click here for February 2023 newsletter
'How protected are whistle-blowers?'

Click here for January 2023 newsletter
'Dismissal for refusing to follow instructions'

Click here for November 2022 newsletter
'Harassment by an employee: How can an employer protect itself from liability to pay compensation?'

Click here for October 2022 newsletter
'Do internal forensic reports have to be disclosed'

Click here for September 2022 newsletter
'Can an ex-employee refer an unfair labour practice dispute'

Click here for August 2022 newsletter
'Bullying as a form of harassment'

Click here for July 2022 newsletter
'Managing delays in disciplinary hearings'

Click here for June 2022 newsletter
Justifications for fixed-term contracts longer than three months

Click here for May 2022 newsletter
'New cases on pre-retrenchment consultation'

Click here for April 2022 newsletter
'Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace'

Click here for March 2022 newsletter
'The Foreign Employee: current law, changing policies'

Click here for February 2022 newsletter
'The consequences of providing false information'

Click here for January 2022 newsletter
'Case law: recruitment & employment contracts'

Click here for November 2021 newsletter
'Using psychometric tests in the retrenchment process'

Click here for October 2021 newsletter
'What to do if the record of the arbitration is not available?'

Click here for September 2021 newsletter
'How precise must disciplinary charges be?'

Click here for August 2021 newsletter

Click here for July 2021 newsletter
'Deciding who is involved in strike misconduct'

Click here for June 2021 newsletter
'Update on dismissal law'

Click here for May 2021 newsletter
'The employee injured at work: an employer's obligations'

Click here for April 2021 newsletter
'POPIA in the workplace'

Click here for March 2021 newsletter
'Delays and condonation: the tale of 2 cases'

Click here for February 2021 newsletter
'New Technology and Procedural Fairness'

Click here for January 2021 newsletter
'Can strikers who comply with an ultimatum be dismissed?'

Click here for November 2020 newsletter
'The employer's right to restructure'

Click here for October 2020 newsletter
'The changing understanding of the employment relationship'

Click here for September 2020 newsletter
'Facing two claims from one event'

Click here for August 2020 newsletter
"Dealing fairly with employee depression"

Click here for July 2020 newsletter
"Update on Discrimination Law: Disability, pregnancy, age, and 'arbitrary' grounds"

Click here for June 2020 newsletter
"Changes to terms and conditions of employment in a time of Covid-19"

Click here for May 2020 newsletter
"A policy for remote working"

Click here for April 2020 newsletter
"What happens when a fixed-term contract overruns the end date?"

Click here for March 2020 newsletter
"Sexual harassment: What is unwelcome behaviour?"

Click here for February 2020 newsletter
"Jobs, Eskom and climate change"

Click here for January 2020 newsletter
"Exposing wage discrimination through new Employment Equity reporting rules"

Click here for November 2019 newsletter
"Fire now, pay later - court orders after a long delay"

Click here for October 2019 newsletter
"The Dismissal of Executive Employees"

Click here for September 2019 newsletter
"What does precautionary suspension 'on full pay' mean?"

Click here for August 2019 newsletter
"Update on certificates from Traditional Healers"

Click here for July 2019 newsletter
"When is an employer not required to re-instate / re-employ?"

Click here for June 2019 newsletter
'Changing terms and conditions of employment'

Click here for May 2019 newsletter
"Speaking your mind in the workplace: what are the limits?"

Click here for April 2019 newsletter
"An employer's response to the construction mafia: radical economic transformation or criminal racketeering?"

Click here for March 2019 newsletter
"Refusing to re-employ ex-employees"

Click here for February 2019 newsletter
"New CCMA Rules"

Click here for January 2019 newsletter
"Union and political T-Shirts in the Workplace"

Click here for November 2018 newsletter
"Justifying Job Requirements"

Click here for October 2018 newsletter
"Q & A - Dagga and the workplace"

Click here for September 2018 newsletter
"Selection criteria for retrenchment"

Click here for August 2018 newsletter
"Doubts surface about Derivative Misconduct"

Click here for July 2018 newsletter
'Challenges in managing absenteeism'

Click here for June 2018 newsletter
'When is there a reasonable expectation of renewal of a fixed-term contract of employment?'

Click here for May 2018 newsletter
'A consequence of ignoring a court order: Contempt of court'

Click here for April 2018 newsletter

Click here for March 2018 newsletter
'Changing the culture of union-management meetings'

Click here for February 2018 newsletter
'Interns & Learners: are they employees?'

Click here for January 2018 newsletter
'Demotion as a disciplinary sanction'

Click here for November 2017 newsletter
'Whistle-blowing: Changes to the Protected Disclosures Act'

Click here for October 2017 newsletter
'Participation by employees in protests and demonstrations'

Click here for September 2017 newsletter
'Searching & testing employees'

Click here for August 2017 newsletter
'Remorse: What role should this play in the disciplinary process?'

Click here for July 2017 newsletter
'What must be disclosed during an interview for a job?'

Click here for June 2017 newsletter
'The award of costs against employees of the losing party'

Click here for May 2017 newsletter
'Equal pay for equal work - how is discrimination proved?'

Click here for April 2017 newsletter
'The liability of employers for sexual harassment: Section 60 of the EEA'

Click here for March 2017 newsletter
'The balancing act of being an employee representative and an employee'

Click here for February 2017 newsletter
'Weighing up mitigating and aggravating circumstances'

Click here for January 2017 newsletter
'Likely flashpoints for 2017'

Click here for November 2016 newsletter
'Disciplinary action after resignation'

Click here for October 2016 newsletter
'Representation at the CCMA'

Click here for September 2016 newsletter
'The Strike Ultimatum' in the light of a recent Constitutional Court judgment dealing with this issue.

Click here for August 2016 newsletter
When is the refusal to work overtime a strike?

Click here for July 2016 newsletter
Disciplinary procedures for large numbers of employees facing charges

Click here for June 2016 newsletter
Whether it is always necessary to lead evidence about the breakdown in trust

Click here for May 2016 newsletter
Dealing with unequal pay: how should employers respond?

Click here for April 2016 newsletter
Disciplining a shop steward

Click here for March 2016 newsletter
Can legally lock out all employees, whether they are union members or not?

Click here for February 2016 newsletter
'Private views in public spaces: social media and racism'

Click here for December / January 2016 newsletter
'Substituting the chairperson's sanction with a more severe sanction'

Click here for November 2015 newsletter
'When is it fair for an employer to trap an employee?'

Click here for October 2015 newsletter
'Contesting equal pay for equal work claims'

Click here for September 2015 newsletter
'Conflicting versions in the evidence: what are the consequences?'

Click here for August 2015 newsletter
Employment Services Act

Click here for July 2015 newsletter
'Undue influence' by a CCMA Commissioner

Click here for June 2015 newsletter
'Distinguishing Disability from Incapacity'

Click here for May 2015 newsletter
Xenophobia and its impact on the workplace

Click here for April 2015 newsletter
Maternity rights for men

Click here for March 2015 newsletter
'Suspension - Questions and Answers'

Click here for February 2015 newsletter
'Alternatives to retrenchment - the employer's obligation to consider employee representations'

Click here for December / January 2015 newsletter
Employee Indebtedness: What is the employer's responsibility?

Click here for November 2014 newsletter
'The Double Whammy - compensation under both the LRA and EEA'

Click here for October 2014 newsletter
'Inherent requirements of the job'

Click here for September 2014 newsletter
Employment Equity Regulations
Equal Pay for Equal Work

Click here for August 2014 newsletter
'Is Compulsory Interest Arbitration a Good Idea?'

Click here for July 2014 newsletter
'The tricky business of chairing a disciplinary hearing'

Click here for June 2014 newsletter

Click here for May 2014 newsletter
Protection of Personal Information Act ("POPI")

Click here for April 2014 newsletter
'Women Empowerment and Gender Equality Bill'

Click here for March 2014 newsletter
Strategic responses to the new LRA 'non standard' employment provisions

Click here for February 2014 newsletter
'The cross-over between misconduct and incapacity'

Click here for December / January 2014 newsletter
'Getting more from conciliation'

Click here for November 2013 newsletter
'Tax Incentives for job creation'

Click here for October 2013 newsletter
''Workplace safety: New legislation on dangerous weapons'

Click here for September 2013 newsletter
Mediation in the strike context

Click here for August 2013 newsletter
The 2013 Labour Court Practice Manual and how this can be used for strategic dispute resolution..

Click here for July 2013 newsletter
The right to severance pay when an employee declines offers of alternative employment.

Click here for June 2013 newsletter
Deductions from employees' remuneration - what are the limits?

Click here for May 2013 newsletter
Procedural fairness in dismissals for an unprotected strike.

Click here for April 2013 newsletter
'The tyranny of the mob'.

Click here for March 2013 newsletter
The latest and far-reaching LAC judgment on what constitutes a 'benefit'.

Click here for February 2013 newsletter
The consequences of the acting appointment.

Click here for December / January 2013 newsletter
Managing Absenteeism in the Workplace.

Click here for November 2012 newsletter
Facebook, privacy and the workplace,

Click here for October 2012 newsletter
A case study on a violent strike.

Click here for September 2012 newsletter
Appointments and Promotions.

Click here for August 2012 newsletter
The New HIV / AIDS Code: what are the changes?.

Click here for July 2012 newsletter
Intimidation, evidence and proof

Click here for June 2012 newsletter
When does conduct become 'gross'

Click here for May 2012 newsletter
Strike ballots: do they play any role?

Click here for April 2012 newsletter
The practical effect of the 2012 LRA Bill on 'non standard' employment.

Click here for March 2012 newsletter
When to consult? When to negotiate?

Click here for February 2012 newsletter
Revisiting protected strikes when violence occurs?

Click here for December / January2012 newsletter
Religious discrimination in the workplace

Click here for November2011 newsletter
Settlement Agreements - full and final?

Click here for October2011 newsletter
the new CCMA guidelines dealing with misconduct arbitrations

Click here for September2011 newsletter
Sustainability: the concept employers and unions needs to get their minds around.

Click here for August2011 newsletter
Strikes and related topics

Click here for July2011 newsletter
Moonlighting and an employee’s other business interests

Click here for June2011 newsletter
Giving a Reference: What are the dangers?

Click here for May2011 newsletter
Court intervention in the disciplinary process

Click here for April2011 newsletter
Can you vary or prematurely terminate a fixed term contract?

Click here for March 2011 newsletter
Is a restraint of trade agreement worth the paper its written on?

Click here for February 2011 newsletter
Calculating your risk - how is compensation calculated?

Click here for December 2010 / January 2011 newsletter
Tangled relationships: Temporary employment services, the client and the employee

Click here for November 2010 newsletter
What happens when traditional, religious or cultural beliefs collide with commercial imperatives?

Click here for October 2010 newsletter
The company director as an employee

Click here for September 2010 newsletter
Developing an effective strike avoidance strategy

Click here for August 2010 newsletter
Using operational requirement procedures to deal with misconduct during a protected strike

Click here for July 2010 newsletter
Whistleblowing, public disclosures and victimization

Click here for June 2010 newsletter
Equal Pay for Equal Work

Click here for May 2010 newsletter
Pregnancy, Discrimination and Operational Requirements

Click here for April 2010 newsletter
Team misconduct and collective responsibility

Click here for March 2010 newsletter
Getting more from your Grievance Procedure

Click here for February 2010 newsletter
Misconduct outside the workplace- when can the employer justifiably take action and for what reasons?

Click here for December 2009 / January 2010 newsletter
Pornography and Internet abuse

Click here for November 2009 newsletter
'Second generation' outsourcing transfers

Click here for October 2009 newsletter
Representing a fellow employee at a disciplinary hearing: what are the limits? What is the protection?

Click here for September 2009 newsletter
Avoiding retrenchments: what are the options?

Click here for August 2009 newsletter
Misrepresentation, Smoke and Mirrors

Click here for July 2009 newsletter
Blurring the lines between incapacity, misconduct and operational requirements

Click here for June 2009 newsletter
Procedural fairness and the use of new technology

Click here for May 2009 newsletter
Fresh evidence and new charges at arbitration

Click here for April 2009 newsletter
Corporate Bullying

Click here for March 2009 newsletter
Employees` rights to ownership and copyright of software

Click here for February 2009 newsletter;
The retrenched employee`s rights to use arbitration

Click here for December 2008 / January 2009 newsletter;
Sick leave, doctors’ certificates and related problems

Click here for November 2008 newsletter;
Managing alcohol abuse in the workplace.

Click here for October 2008 newsletter;
The new Companies Act: new opportunities for employees and trade unions.

Click here for September 2008 newsletter;
Petty theft, the employer’s sanction, and the Court’s role

Click here for August 2008 newsletter;
Depression, Breakdowns and Mental Ill-Health

Click here for July 2008 newsletter;
Bringing the employer into disrepute

Click here for June 2008 newsletter;
Conciliation - the power to dismiss the matter for non appearance and to determine jurisdiction to conciliate.

Click here for May 2008 newsletter;
Guidelines in Preparing for Arbitration

Click here for April 2008 newsletter;
Culture and sexual behaviour

Click here for March 2008 newsletter;
Employer`s right to change employment contracts and policies

Click here for February 2008 newsletter;
Derivative misconduct- what must an employer prove?

Click here for December 2007/January 2008 newsletter;
Fixed term contracts: How permanent is the temporary employee?

Click here for November 2007 newsletter;
The role of an arbitrator in asessessing the fairness of an employer`s sanction

Click here for October 2007 newsletter;
Dismissing the employees of a labour broker.

Click here for September 2007 newsletter;
When is a continuing employment relationship intolerable?

Click here for August 2007 newsletter;
A perspective on work - life balance

Click here for July 2007 newsletter;
How appealing are appeals?

Click here for June 2007 newsletter;
Employer protection from damages for sexual harassment.

Click here for May 2007 newsletter;
The role of a chairperson at a disciplinary hearing.

Click here for April 2007 newsletter;
'Reasonable accomodation' for employees- how far does the employer have to go?

Click here for March 2007 newsletter;
Can a disciplinary chairperson`s sanction be overruled by management?

Click here for February 2007 newsletter;
Restructuring the new business - a new approach?

Click here for December/January 2007 newsletter;
Unfair labour practices falling outside the LRA

Click here for November 2006 newsletter;
Affirmative action as a criteria for retrenchment

Click here for October 2006 newsletter;
Deferring to the employer`s view on sanction 

Click here for September 2006 newsletter;
Procedural over-regulation of disciplinary hearings.

Click here for August 2006 newsletter;

Managing workplace diversity : lessons from SATAWU obo Finca v Old Mutual

Click here for July 2006 newsletter;
Resigned to resignations?

Click here for June 2006 newsletter;
How much planning can an employer do prior to pre-retrenchment consultation?

Click here for May 2006 newsletter; When third parties demand the dismissal of an employee

Click here for April 2006 newsletter;
Understanding the relationship of trust

Click here for March 2006 newsletter;
Legal representation at disciplinary hearings

Click here for February 2006 newsletter;
Managing the grievance process more effectively

Click here for January 2006 newsletter;
Agreeing disciplinary action - a missed opportunity?

Click here for November/December 2005 newsletter;
Procedural fairness in disciplinary action less than dismissal

Click here for October 2005 newsletter;
Appointments and Promotions

Click here for September 2005 newsletter;
- A Useful Tool?

Click here for August 2005 newsletter;
The 2005 Code on Sexual Harassment - Part 2

Click here for July 2005 newsletter;
The 2005 Code on Sexual Harassment - Part 1

Click here for June 2005 newsletter;
Incompatibility -- Compatible with the LRA?

Click here for May 2005 newsletter;
Taking the arbitrator`s decision on review

Click here for April 2005 newsletter;
Whistle-blowing: The implications for employers and employees

Click here for March 2005 newsletter;
Joinder in appointment grievances: what? why? how?

Click here for February 2005 newsletter;
Understanding Promotion and Demotion disputes

Click here for January 2005 newsletter;
Racism in the Workplace

Click here for November/December 2004 newsletter;
Test applied by arbitrators in interfering with the employer's sanction.

Click here for October 2004 newsletter;
Understanding the employer's duty of good faith in a modern context.

Click here for September 2004 newsletter;
Restructuring: second-guessing the employer.

Click here for August 2004 newsletter;
Shrinking theft problems- guidelines.

Click here for July 2004 newsletter;
Can an employee charged with misconduct sue the employer for defamation?

Click here for June 2004 newsletter;
Condonation for attorney's negligence: where do parties stand?

Click here for May 2004 newsletter;
The potential and problems of fixed term contracts.

Click here for April 2004 newsletter;
Warning lights on sexual harassment.

Click here for March 2004 newsletter;
Does managerial prerogative include amending contracts of employment?

Click here for February 2004 newsletter;
The uses and abuses of polygraphs.

Click here for January 2004 newsletter;
The rules of evidence for disciplinary enquiries- part 3

Click here for November/December 2003 newsletter;
The rules of evidence for disciplinary enquiries- part 2

Click here for October 2003 newsletter;
The rules of evidence for disciplinary enquiries- part 1

Click here for September 2003 newsletter;
Changes to the Labour Court system.

Click here for August 2003 newsletter;
Balancing consistency and fairness.

Click here for June 2003 newsletter;
The con-arb process: how wary should you be?

Click here for May 2003 newsletter;
Does the employer need written consent to intercept employees' e-mail?