Introduction

https://vimeo.com/943142132?share=copy Introduction By law, employers are required to recognise valid medical certificates that have been signed by properly registered practitioners.   The calculation of sick […]

Chapter 21 – Sick Leave

Chapter 21 – Sick Leave By law, employers are required to recognise valid medical certificates that have been signed by properly registered practitioners. The calculation of sick leave occurs over a three-year cycle – but this doesn’t mean employees receive 10 days off every year. Instead, within each three-year cycle, the law allows each employee to […]

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Chapter 48 – Turning the Labour Law Tightrope into a stable walkway

Chapter 48 – Turning the Labour Law Tightrope In this final chapter session, we look at  what it takes and how an employer as well as an employee need to conduct themselves in order to turn the labour law tightrope into a stable walkway. By understanding the law and following unbiased processes through proper implementation […]

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Stabilising the labour law tightrope

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Chapter 47 – Arbitrator’s Analysis of Evidence

Chapter 47 – Arbitrator’s Analysis of Evidence and Subsequent Award In this chapter, chapter 47, we look at the Arbitrator’s finding of our hypothetical company, Good Heavens Airlines and how it presented its case at arbitration. Based on the evidence presented, the Respondent, Good Heavens Airlines, provides no valid justification for its failure to dismiss […]

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Chapter 46 – Preparation for Arbitration

Chapter 46 – Preparation for Arbitration The law is highly complex and confusing; arbitrators are unpredictable; the opposing party is likely to come up with surprises; and your own witnesses can sometimes say things that damage your case. Because of these factors, it is vitally important to prepare thoroughly for arbitration. One of the most […]

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Chapter 45 – Substantive Fairness

Chapter 45 – Substantive Fairness Substantive fairness relates purely to whether there was a fair reason for the dismissal. Thus, the term ‘substantive fairness’ does not refer to the procedure, manner or process of dismissal – but rather, it refers to the substance of the decision to dismiss. The law requires dismissed employees to prove, at […]

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Chapter 44 – Procedural Fairness

Chapter 44 – Procedural Fairness Procedural fairness relates to the process that is used to discipline and/or dismiss an employee. These processes or procedures include: the giving of prior warnings, as well as the way in which the employee is given the opportunity to answer to the charges. If these procedures are deemed to be […]

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Chapter 43 – Impartiality of the Presiding Officer

Chapter 43 – Impartiality of the Presiding Officer The law requires that, where a disciplinary hearing is held, the presiding officer must be impartial. However, this does not mean that the employer and accused employee must agree on who the presiding officer will be. An impartial presiding officer is a hearing chairperson who hears all […]

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Chapter 42 – Evidence, Witnesses and Proof

Chapter 42 – Evidence, Witnesses and Proof The complainant cannot bring a valid case against an employee at a disciplinary hearing before he or she is fully prepared. While the holding of a formal hearing is not compulsory, it is the best way to present evidence. In order to be convincing, the complainant must have […]

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