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Constitutional Court 22 August 2022. NUMSA obo Aubrey Dhludhlu & 147 others v Marley Pipe Systems (SA) (Pty) Ltd (CC) The principles related to the

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),

Grievance Procedure – A voice for the employee Introduction It is important to put the grievance procedure within proper context. Let us first determine what

Progressive discipline – journeying together for the common good Introduction It is often proclaimed by employers that its human resources are its most important asset.