Considering the CCMA? Here Is What You Need to Know

A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking advantage of the commission’s accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating […]

Is depression a ground for discrimination?

In a matter of Legal Aid South Africa v Jansen, the Labour Appeal Court had to decide whether the Employer’s decision to dismiss Mr Jansen, who was struggling with depression and continued being absent from work a result thereof, was fair. Mr Jansen argued that his behaviour was a result of his deteriorated mental health. […]

Getting the facts straight in disciplinary hearing notices

When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]

Think before you post

In the Edcon Ltd case, an employee was dismissed for making a racist comment on Facebook. The employee had posted a message on Facebook referring to the government as “monkeys” shortly after watching Carte Blanche regarding the reshuffling of Cabinet. Her Facebook page identified her as an employee of Edcon Ltd (the Company). A complaint was made to her employer […]