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LABOUR LAW COMMENTARY: READ US - How to Chair an Enquiry

Labour Law for Employers
Labour Law for Employers

Labour Law for Employees
Labour Law for Employees

Social Media Misconduct
Social Media Misconduct

"Three things cannot be long hidden: The sun, moon and truth!" - Buddha


Derivative Misconduct

20 female employees searched before leaving work.

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Consistency

The PA to the Executive Mayor of the Westonaria District Municipality was dismissed for lying on her CV.

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Hearsay Evidence

HEARSAY BUT HEARD In POPCRU obo G Maseko v Department of Correctional Services and Others, Mr Maseko was charged with smuggling dagga to two prisoners for them to sell.

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Provocation as a Defence For Assault

PROVOCATION AS A DEFENCE FOR ASSAULT Assault in the workplace may range from an aggressive touch to an infliction of severe injuries, and includes the aggressor creating an impression that force will immediately be applied to the recipient.

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Constructive Dismissal

CONSTRUCTIVE DISMISSAL Constructive dismissal occurs when an employee terminates the employment contract because the employer made the working environment intolerable due to its action(s) or omission(s).

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Trust Relationship

Employers are required to provide evidence as to the breakdown of the trust relationship In Edcon Ltd v Pillemer NO & Others the Supreme Court of Appeal (SCA) held that it is no longer enough for an employer to state that the employment relationship has broken down, to avoid reinstatement.

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Negligence

We all know that a car is a dangerous object.

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Reinstatement

Reinstatement is the primary remedy for an unfair dismissal dispute unless: • The employee chooses compensation over reinstatement (see Lubbe / Roop NO); or • The employer proves that continued employment would be intolerable (see Edcon / Pillemer); or • It is not reasonably practical for the employee to be reinstated (see Maepe / CCMA); or • The employee’s dismissal is substantively fair.

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Employers are discouraged from retrenching employees who refuse to accept changes to their working conditions

Employers do not infringe section 187(1)(c) when they make demands of their workers and then dismiss them permanently if they fail to comply.

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How to conduct inquiries/investigations and hearings - Part 1

Recently, I have read numerous judgments written, amongst other things, badly, verbose and/or nonsensical.

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How to conduct inquiries/investigations and hearings - Part 2

HOW TO CONDUCT INQUIRIES/INVESTIGATIONS AND HEARINGS The Oscar Pistorius case has brought the South African legal system and its processes underpublic scrutiny.

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How to conduct inquiries/investigations and hearings - Part 3

HOW TO CONDUCT INQUIRIES/INVESTIGATIONS AND HEARINGS I recently reported on NUM obo Selemela/ NorthamPlatinum Ltd.

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How to conduct inquiries/investigations and hearings - Part 4

POLYGRAPH TESTING?!? Many ask: “Why doesn’t Oscar Pistorius take a lie detector test as to whether he intended to shoot Reeva Steenkamp or not?” WHAT IS IT??? It is a test to measure deception by recording and assimilating physiological responses to questions.

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(70kb pdf file)


How to conduct inquiries/investigations and hearings - Part 5

HOW TO CONDUCT AN ENQUIRY (Part 5) HEARSAY EVIDENCE What is it? It is evidence, oral/written, the probative value of which depends on the credibility of the person who said/wrote it.

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How to conduct inquiries/investigations and hearings - Part 6

Expert Evidence What is it? It is evidence presented by either party of a person who is qualified, has extensive knowledge and expertise on a particular issue, or in a specific field.

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How to conduct inquiries/investigations and hearings - Part 7

Entrapment What is it? It’s an inducement by the employer to get the employee to do something wrong! What does a chairperson need to take into consideration? 1.

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(71kb pdf file)

Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.


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Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.