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From category archives: Legal Articles

Labour Law

Labour Dispute Resolution, the CCMA and the procedure to follow

In many labour disputes employees may be unfamiliar on what the correct procedure is to follow.

In South Africa, the procedure followed to resolve labour disputes is not based on the rules of civil litigation, but rather regulated by the provisions of the Labour Relations Act (also known as the LRA).

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Sexual Harassment in the Workplace

Following the recent wave of sexual abuse and harassment claims that have been surfacing in the news and on social media in the past few months, it is increasingly apparent that more should be done by employers to address the problem.

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What you post on Facebook can get you fired!

With the popularity of social media sky rocketing in recent years, employers have been forced to deal with a variety of new issues previously unimaginable to them.

Whereas in the past, employees would discuss their office politics and air their grievances with management or colleagues by complaining to a friend or family member in private, today, employees are increasingly turning to their social media accounts (Facebook, Twitter and Instagram being chief among them) to vent their frustrations.

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The Difference Between a Strike and a Lockout

Workers have a right to strike, and employers have a right to lock out workers, if a dispute cannot be resolved. Certain procedures and certain limitations apply under certain conditions. Secondary strikes and pickets may also be held.

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Should A Domestic Worker Get A Christmas Bonus?

Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than a year and as a result no prior agreements or expectations have been created in this regard. 

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Can I Still Make a Case of Unfair Labour Practice If I Have Settled?

In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA.

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Facebook's Revenge - Fair dismissal and unfair dismissal

Facebook, Twitter and other social network sites are part of many people’s lives and serve as a useful vehicle for sharing one’s personal views. However, these sites may have unfortunate ramifications.

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