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EXCEPTIONS: Labour Court takes strong exception to an Exception

EXCEPTIONS: Labour Court takes strong exception to an Exception The purpose of an Exception is to object to a defect in the opposing party’s pleadings. Typical exceptions are that the statement of claim is “vague and embarrassing” or that it “does not disclose a cause of action”.  The main case can’t proceed until the Exception […]

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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 […]

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HAND-BRAKE ON STRIKES: What do you do if a strike goes on for too long and becomes violent?

HAND-BRAKE ON STRIKES: What do you do if a strike goes on for too long and becomes violent? Purpose of strikes The purpose of a strike or lock-out is to exert enough economic pressure on an employer to agree to specific demands – usually for better pay and benefits. Workers will be protected from dismissal […]