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Retirement age Introduction: The world of work is constantly changing due to several factors shaping and influencing perceptions. These factors include employees increasingly enjoying a

The principles related to the doctrine of common purpose revisited by the Constitutional Court (CC) Introduction: When an act of misconduct is perpetrated within group

Legal representation in internal disciplinary proceedings Introduction Whether an employee is entitled to legal representation during internal disciplinary proceedings unfortunately has no definitive clear-cut answer.

Holding a second disciplinary enquiry – An attempt for justice, or double jeopardy? Introduction Enforcing discipline in the workplace requires, in essence, the balancing of

Resignation – A way out by choice – Part 2 Recapping Part 1 Part 1 dealt with the more generic and germane aspects of resignation,

Resignation – A way out by choice – Part 1 Introduction Most contracts provide for an “escape clause” as part of the agreed contractual provisions.

Derivative Misconduct – Guilty by association Introduction Entrepreneurial thinking, innovative thinking, lateral thinking, thinking out of the box and other enterprising thought processes caused decision

Common law right to a pre-dismissal hearing The statutory obligations pertaining to being heard before dismissal In the preamble to the Labour Relations Act (LRA),

Sexual harassment – Not something to be allowed or ignored Introduction Judge Waglay made the following statement in the LAC-case: Motsamai v Everite Building Products