The conundrum of incitement

The disciplinary charge of incitement may seem simple at face value, but if you put this misconduct under the microscope, there is far more to it.   What is incitement? In Albion Services CC v CCMA (D 275/10) [2013] ZALCD 12 the Labour Court held that the definition includes that an employee purposefully acted in [...]

September 6th, 2019|General|

Contempt of the CCMA

Contempt of the CCMA normally relates to conduct either during or after proceedings, for instance, where a party refuses to comply with an award which requires an act to be performed.   Section 142(8) regulates what constitutes contempt during CCMA proceedings and includes, inter alia: Failure of a witness who has been issued a subpoena [...]

August 14th, 2019|General|

New Rule relating to the Pre-Arbitration Conference

At the commencement of 2019, we saw the introduction of an updated set of Rules for the CCMA (Commission for Conciliation, Mediation and Arbitration). One of the rules which saw significant amendments was Rule 20 – “When must parties hold a Pre-Arbitration conference”. This article will only deal with the important amendments relating to Rule [...]

August 8th, 2019|Arbitration|

A quandary for employers: the unilateral changes to terms and conditions of employment

Business owners and managers, who comprise the ‘employer’ component of any workplace are often in the best position to make decisions to suit the profitability of the enterprise concerned.  Employers may want to change business operations regularly to ensure growth and sustainability.  In practice, organisational change goes against the grain of the terms and conditions [...]

July 19th, 2019|Contracts|