The Labour Appeal Court on cost

In the case of University of Kwa Zulu Natal v Pillay and Others Case No: DA09/2015, the issue of when an employee will be liable for the costs of an appeal and a review were considered in the Labour Appeal Court. The employee admitted that he had lied to a tribunal...

What is procedural fairness in a retrenchment?

For a dismissal – be it for misconduct, incapacity or operational reasons – to be fair, it has to be substantively as well as procedurally fair. In other words, there has to be a fair reason for the dismissal (substantive fairness) and how the dismissal takes place...

The Importance of Procedural Fairness in Dismissals

In the article, What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?, we discussed the conditions necessary for a disciplinary hearing to be considered to be fair. What this means is that  to pass muster, a disciplinary hearing must possess the quality of...

Labour Newsflash 3

by Jonathan Goldberg and Grant Wilkinson   Welcome to the third edition of the labour newsflash for 2017. In practice we often are aware that practitioners try to compartmentalise the various aspects of HR/IR and away from the operational business model. At...