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Ostrich syndrome can cost you
19 December 2005 at 07h22
We all know that if you're found guilty of misconduct against your employer you can be dismissed, but what happens if you are aware of theft or fraud by one of your colleagues in the workplace?
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Let's re-stitch the fabric of society
14 December 2005 at 04h30
Employers and employees still get surprised at labour courts because they arrive unprepared thinking that they will be facing a mediation process. However, this is often not the case, writes labour law expert Ivan Israelstam.
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Retrenchment - when is it deemed unfair?
07 December 2005 at 04h30
Ensuring a fair retrenchment should be a relatively easy exercise, but it requires attention to the terminology used by employers, writes labour law expert Pierre Marais.
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Employees have lion's share of legal rights
05 December 2005 at 04h30
South African labour legislation gives employees a plethora of rights - But one area in which employers can exercise their rights is that of fiduciary duty, which means that the employee has the duty to put the employer's interests first.
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Employers must learn to prepare charges properly
02 December 2005 at 04h30
Properly outlining the allegations being levelled against an employee is vital when putting the perpetrator in a disciplinary hearing, says labour law expert Tony Healy.
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What to do with absent workers
30 November 2005 at 11h00
Employers frequently have to deal with employees being absent from work without permission. Labour Law expert Pierre Marais sheds some some light on when to take what type of disciplinary action.
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'Tis the season for sexual harassment
23 November 2005 at 04h30
It is that time of the year when frolicking at the Christmas party normally can lead to dismissal for sexual harassment, writes Pierre Marais.
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Celebrating 10 years of workers' democracy
23 November 2005 at 04h30
This year marks the 10th anniversary of the introduction of the Labour Relations Act, as well as the 10th anniversary of the commencement of the CCMA.
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When employees get a better offer
21 November 2005 at 04h30
Employers frequently seem to face the problem of hiring someone (often after a long and expensive recruitment and selection process) only to have the person back out of the deal before they actually start work.
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Whistleblowers protected by constitution
21 November 2005 at 04h30
Employees who report employers for committing illegal or otherwise irregular acts are protected by the constitution of South Africa.
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Boss correct to fire dagga-smoker
16 November 2005 at 11h00
Employers may be familiar with alcohol abuse in the workplace, but they are less likely to observe employees arriving at work under the influence of mind-altering drugs, writes Jan Truter of Labourwise
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Applicant can hide facts and still get a job
14 November 2005 at 04h30
Empoyees who do not divulge all facts that are relevant to a job application could find themeselves on the wrong end of law...
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Pros and cons of temporary employment
09 November 2005 at 08h15
More and more skilled workers are being employed by labour brokers or temporary employment services to be placed with one of their clients. Labour law expert Pierre Marais weighs up the pros and cons...
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Employers are obliged to comply with statutes
09 November 2005 at 08h11
Compliance with legislation is becoming more difficult and burdensome with the ever-evolving growth in labour legislation, writes law expert Tony Healy.
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Unfair dismissals most costly for companies
08 November 2005 at 04h30
Workers who are unfairly dismissed will qualify for the greatest amount of compensation, writes labour law expert Tony Healy.
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The confusion of legal terms and concepts
07 November 2005 at 04h30
Many legal terms are confusing, unclear, ambiguous and vague, and many still remain undefined, writes labour law expert Ivan Israelstam.
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Resignation or dismissal sometimes incorrectly interpreted
02 November 2005 at 04h30
Many resignations and dismissals are dealt with orally and not in writing, emotionally rather than having thought it through objectively or unfairly rather than fairly or unlawfully rather than lawfully, writes labour law expert Pierre M...
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Chairperson can make or break a hearing
31 October 2005 at 04h30
Under labour law, employees have the procedural right to a fair hearing before being disciplined or dismissed for misconduct or poor performance, writes labour law expert Ivan Israelstam.
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No excuses for poor performance
26 October 2005 at 04h30
Dismissal of employees and company executives for poor performance can be justified by the fact that employees are paid to do their jobs properly, writes labour law expert Ivan Israelstam.
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Codes and procedures need a major shake-up
21 October 2005 at 12h47
Disciplinary procedures, codes and policies have been with us since the early 1980s - but 20 years later employers are still addressing disciplinary issues which have not been amended, writes labour law expert Tony Healy.
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