02/20/2017

Representation at the CCMA – anyone can represent you as long as the Commissioner uses his discretion to allow it.

Introduction
I have represented both the employer and employee at the CCMA and other Bargaining Councils and saw how unfair Rule 25 of the CCMA Rules could be in respect of representation, leaving both the Employee and Employer without their choice of representative to manage and lead their own case although they do not have the required skills for arbitration.  This situation will change in light of a recent decision by the court in The Casual Workers’ Advice Office and Others v CCMA and Others. [Read More…]

02/10/2017

Misconduct and discipline - Introduction of series of posts

Misconduct and discipline - Introduction of series of posts

Misconduct: How to prove your case at a disciplinary and arbitration, some general principles.

Often when I chair disciplinary hearings I am confronted by an employer who knows what he wants to prove but not how to achieve it, or what process to follow in order to comply with legislation.[1]  This series of articles will focus on what you need to prove and how to prove it in a disciplinary hearing or even at the CCMA[2] or bargaining council. [Read More…]

Some notes on a valid medical certificate

Medical certificates (or ’sick notes’ to use the common term) are a source of aggravation to employers. [Read More…]

DEEMED EMPLOYMENT: DOES THE END CLIENT OF THE LABOUR BROKER BECOME THE SOLE EMPLOYER WITH RIGHTS AND DUTIES TOWARDS THE EMPLOYEE?

A while ago we posted an article regarding the changes in South African Labour Law and the concept of deemed employment.  When the Employee makes out a case for deemed employment, the question arose: Does this have the effect that the client of a Temporary Employment Services (TES), or Labour Broker become the sole employer. [Read More…]

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