CAN YOU NAME AND SHAME YOUR EMPLOYEES? BY LUSANDA RAPHULU
Employers are often faced with ongoing misconduct. They need to advise employees that offenders will face grave consequences in an attempt to deter possible future offenders.
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Date: 22 October 2008
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EMPLOYEE REMEDIES FOR UNFAIR DISMISSAL BY BRIGITTE MACDONALD
An employer who dismisses an employee unfairly may ultimately be ordered to reinstate or re-employ the employee, or to pay the employee compensation.
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Date: 22 October 2008
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DO ILLEGAL IMMIGRANTS ENJOY PROTECTION FROM UNFAIR DISMISSALS? BY KAREN FULTON & EVA MUDELY
Section 38(1) of the Immigration Act deals with employment of foreign nationals and provides that no person shall employ inter alia an illegal foreigner or a foreigner whose status does not authorise him or her to be employed by such person. The Immigration Act further provides that anyone who knowingly employs an illegal foreigner or a foreigner in violation of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment.
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Date: 22 October 2008
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BE RUDE TO YOUR BOSS AT YOUR OWN PERIL BY KAREN FULTON AND EVAL MUDELY
Subordination is the very essence of an employment relationship. A subordinate relationship between an employee and employer gives rise to the obligation, on the part of the employee, to obey the lawful and reasonable instructions of the employer and to show respect to the employer, and her managers within the employerrs organisation. Respect and obedience are regarded as an implied duty of every employee.
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Date: 01 September 2008
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DEALING WITH ABSENTEEISM IN THE WORKPLACE BY KAREN FULTON & EVA MUDELY
Although an employee is entitled to sick leave in terms of section 22 of the Basic Conditions of Employment Act 1997, it can be, and often is, abused.
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Date: 01 September 2008
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EMPLOYEES HAVE RIGHTS, EVEN UNDER PROBATION BY BOB VON WITT
Employers are, understandably, often reluctant to enter into a permanent employment relationship with an individual whom they might only have met briefly during an interview.
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Date: 23 July 2008
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CONSEQUENCES FOR EMPLOYERS WHO HASTILY SUSPEND EMPLOYEES BY KAREN FULTON & EVA MUDELY
An employee has been accused of serious misconduct in the workplace. Does the employer suspend him immediately? Is the employer obliged to hold a pre-suspensionn hearing? What are the consequences for the employer if a pre-suspension hearing is not held prior to the employee being suspended?
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Date: 10 July 2008
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HOW DOES AN EMPLOYER DEAL WITH EMPLOYEES WHO ARE BEING HELD IN CUSTODY? – KAREN FULTON & EVA MUDELY
What does an employer do when one of its employees fails to report to work and it is discovered that the employee has been arrested on criminal charges, and is being held in police custody awaiting trial?
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Date: 06 May 2008
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DEALING WITH MEDICAL SCHEMES’ RESERVES IN CORPORATE DISPOSALS - DAVID GERAL
Corporate disposals and unbundlings do not pose significant legal difficulties where the medical schemes providing the services to the companies involved are open, public schemes. When one of the schemes is a private scheme whose membership is defined as the employees within that particular group, legal difficulties can arise.
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Date: 17 April 2008
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A JOINT EMPLOYMENT RELATIONSHIP? – NADIRA DEONARAIN
The tri-partite relationship
Our law recognises the concept of a temporary employment service (“TES”). Section 198 of the Labour Relations Act 66 of 1995 (“the LRA”) provides, in relevant part, as follows:
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Date: 17 April 2008
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