CCMA
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Unjustified exclusion means unfair discrimination
Unjustified exclusion means unfair discrimination I often receive enquiries from employees stating that they are employed on a fixed term contract or temporary basis, ... -
Unfairly dismissed? This is what you need to do
How to refer a dispute to the CCMA or a Bargaining Council André Claassen We are often being asked questions, such as; I have ... -
Unfair Labour Practice – Promotion
Unfair Labour Practice – Promotion Many arguments arise in the workplace regarding promotion to an existing post, perhaps upon retirement or resignation of the ... -
Unfair dismissals
Information provided by Para Legal Advice What is a dismissal? An employer can take these options to dismiss a worker: give the worker notice ... -
To Discipline or to Counsel?
To Discipline or to Counsel? There still seems to exist grey areas in deciding whether to apply a disciplinary procedure or a counseling procedure. ... -
There is recourse, if unhappy with CCMA ruling
Ivan Israelstam Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he or she ... -
There are ways around an arbitration award
Ivan Israelstam The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned ... -
Take note: discrimination is not always unfair
Ivan Israelstam Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds, including race, sex, disability, age ... -
Tackling grey areas of fair and unfair discipline
Ivan Israelstam Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an ... -
Substantive Fairness in Dismissals
We receive numbers of enquiries from employers wanting to know what is meant by “substantive fairness” and how does the Chairperson of a hearing ...
