Misconduct
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But the Employee failed a polygraph test!Â
But the Employee failed a polygraph test! Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be ... -
Reporting delayed is not necessarily justice denied (Sexual Harassment)
Reporting delayed is not necessarily justice denied (Sexual Harassment) Should an employee report sexual harassment immediately? The Court found that the Employer still had ... -
Interdicting a Disciplinary Inquiry
Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Nonetheless, such intervention should be utilised sparingly ... -
Breathalyser results as evidence
Breathalyser results as evidence For the past couple of decades, law enforcement and employers alike relied on breathalysers to determine whether alcohol is present ... -
Fairly unlawful or lawfully unfair? Employees and their rights on termination under the LRA and contract
Fairly unlawful or lawfully unfair? Employees and their rights on termination under the LRA and contract The South African Labour Relations act, 66 of ... -
To dismiss or remove from the CCMA roll?
The Labour Appeal Court decided Prior to August 2021, an arbitrating commissioner had the authority as per section 138(5)(a) of the Labour Relations Act, ... -
NEW CCMA RULES AND FORMS 2023
NEW CCMA RULES AND FORMS 2023 IMPORTANT UPDATE Â The CCMA has published its long-awaited amendments to the rules for proceedings before the Commission. ... -
Practice and practicalityÂ
The deemed withdrawal and archiving of review applications under the Practice Manual of the Labour Court The Practice Manual of the Labour Court expressly ... -
Polygraph testing
The respectability of polygraph evidence, at best, remains an open question, and any litigant seeking to invoke it for any legitimate purpose, must, needs ... -
The Labour Court confirms that section 188a (11) inquiries are not for the taking
The Labour Court confirms that section 188a (11) inquiries are not for the taking As the South African legislative framework on the protection of ...
