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Labour Law in a Nutshell February 2019

STRIKE FOR STRESS: Why are workers still willing to go on strike when the odds of scoring real financial gains are stacked against them?   The annual wage negotiations and “strike season” will unfold again in the next few weeks. It’s generally understood that the main reasons workers go on strike are to secure better […]

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DOUBLE DIPPING: Can an employee claim compensation for unfair dismissal and unfair discrimination in the same case?

DOUBLE DIPPING: Can an employee claim compensation for unfair dismissal and unfair discrimination in the same case? The Labour Court[1] recently confirmed that the two types of claims can indeed be made in the same case. The case concerned an employee who was dismissed by ABSA for gross misconduct. An internal enquiry had found her […]

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SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee?

SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee? There’s a built-in conflict between the two roles so it’s often difficult to clearly define exactly where the line lies. As an employee, the shop steward has a duty to submit […]

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REINSTATE OR COMPENSATE?

REINSTATE OR COMPENSATE? Will it be impractical to order reinstatement because an unfairly dismissed employee behaved badly in the arbitration?    The primary remedy for an unfair dismissal is reinstatement. But sometimes it’s not reasonably practicable for the employer to reinstate or to re-employ the employee. The most common reason is that events before and […]