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Redvers Lee has been appointed by the Board of Directors of Venns as their new Chairperson with effect from 1 May 2018. Redvers joined the firm 35 years ago as a candidate attorney and has been an integral part of Venns ever since. Redvers’ speciality is conveyancing and such is his expertise, that he is...
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STRIKE IN PEACE: Could there, at last, be an outbreak of peaceful labour relations? This is the BIG IDEA behind the Draft Accord & Code which the government, employers, unions and the CCMA discussed in Nedlac and recently published for public debate. Not all unions, such and Numsa and Amcu were involved, so it’s not...
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Labour Law in a Nutshell: DISCIPLINING A DIRECTOR How employees can turn the tables and discipline a Director   A union and workers can effectively discipline a Director for misconduct by applying to Court to have him or her declared “delinquent” – or put on “probation“. The misconduct includes gross abuse of his or her...
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It has been a long time coming, and we have finally been given notice that the Sectional Titles Schemes Management Act No 8 of 2011; and the Community Schemes Ombud Service Act No 9 of 2011 (CSOS) have been signed by the President, and will come into operation on 1 October 2016. The Acts bring...
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In the recent matter of Trinity Asset Management (Pty) Ltd v Grindstone 132 Investments (Pty) Ltd 2016 ZASCA 135   (29 September 2016) the Supreme Court Appeal, in a divided decision, handed down a ground-breaking judgment dealing with the date upon which a debt becomes due when such debt is repayable on demand.  Judges JA Willis,...
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HELPING HAND: How far should an employer go to help and accommodate an ill or injured employee? We generally treat sick or injured people with a little more compassion than others. Labour Law reflects a similar sentiment in various ways. They are designed to protect ill or disabled employees from mistreatment at the hands of...
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TELL NO LIES: What if an employer lies to the CCMA about the reason for a dismissal?   The reason for a dismissal can make a huge difference in a dismissed employee’s life. If the reason is misconduct – the prospects of future employment with the stigma are bleak. If the reason is resignation, there are...
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RACIAL SLURS: Apart from the obvious – when will indirect words be racist slurs? We know that using the “K” word and similar obvious ones in the workplace is racist and warrants dismissal. But sometimes the words are not so obvious or direct but may still be considered racist by implication. A case in point...
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CONSTRUCTIVE DISMISSAL: When will a claim for “forced resignation” succeed? Employment contracts usually terminate when the employer dismisses the employee – or when the employee resigns. There’re other situations such as the expiry of a fixed term contract, completion of a specified task, retirement, death or by mutual agreement. But S186 (e) of the LRA...
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CONSISTENCY: How do you apply discipline consistently from one case to another? The notion of fairness is based on the principle of equal treatment for equal conduct. The equivalent principle in labour law is that the employer must be consistent in its application of discipline. This means it must consider how other employees in similar...
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