Articles tagged with:

Bargaining Council

Bargaining Councils and Membership

Aug 14, 2023

When does an employer become a member of a Bargaining Council?

Legal Representation in internal Disciplinary Hearings

Jul 11, 2023

The question is often raised whether employees have the right to legal representation in internal disciplinary hearings.

The Negative Impact of Bargaining Councils in South Africa

Jul 5, 2023

While the concept of bargaining councils may seem beneficial in theory, a closer examination reveals several significant drawbacks and negative consequences associated with their functioning.

When Remorse Makes Dismissal Unfair

Nov 5, 2019

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.

Hearsay evidence can render dismissals unfair

Oct 2, 2019

At a disciplinary hearing, the presiding officer (chairperson) should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it is hearsay. What is...

Informal Employment Does Not Protect Employers

Mar 6, 2019

It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed...

Proper classification of misconduct

Apr 18, 2016

If misconduct, or the allegation, is not properly classified or described in the notice to attend a disciplinary hearing, it may cause problems for the employer should the employee refer an unfair...