What should I expect in a labour dispute?

From a legal official perspective, assistance and advice will be objective and governed by the avenues, procedures and remedies provided for in labour law.

What does unfair labour practice mean in the LRA?

Section 186 (2) of the Labour Relations Act 66 of 1995, from here on referred to as the LRA, defines unfair labour practice as follows: “Unfair labour practice” means: any unfair act or omission that arises between an employer and an employee involving:

What is the case number for NUMSA v lac?

NUMSA v Assign Services and others (Case number: JA96/15) (LAC)  When an employee works for a client through a temporary employment service for longer than three months, that employee is deemed to be the employee of the client in terms of section 198A of the Labour Relations Act (LRA).

Can a dismissal be automatic under the LRA?

Dismissal can also be potentially automatically unfair when the employer dismisses the employee on any discriminatory grounds entrenched on law specifically referring to Section 187 (1) of the LRA. Other forms of automatic dismissal can include:

From a legal official perspective, assistance and advice will be objective and governed by the avenues, procedures and remedies provided for in labour law.

How does misconduct outside work affect labour law?

However, the CCMA decided that the criminal case had no bearing on the labour law matter and that, despite the time and place it happened, the employee’s misconduct still fell under the employer’s jurisdiction. The employee knew that even assaulting a non-employee in the town infringed the mine’s rules.

What should you expect from a qualified labour law expert?

The only guide qualified to lead employers through this perilous and harsh terrain is a labour law expert with a track record of experience in labour law. The question is, how do you distinguish a true labour law expert from one who will give you the wrong advice, half-baked training and failed litigation?

What should be included in a labour law investigation?

Concluding an investigation that optimises the chances of a successful disciplinary hearing requires a great deal of skill. Question suspects without letting on that they are suspects. As these skills are difficult to develop, investigators and complainants should be trained by experts in labour law and in the investigation of misconduct.