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So far Cowan-Harper-Madikizela Attorneys has created 32 blog entries.

LAC confirms that disciplinary charges are not criminal charges

LAC confirms that disciplinary charges are not criminal charges Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution. Procedures such as these are not what is envisaged by the Labour Relations Act 66 of 1995, as amended (“the LRA”). One of the fundamental changes that was [...]

2019-09-16T18:14:08+01:00Sep 16th, 2019|

The pursuit of the hopeless case – the Labour Court gets tough

The pursuit of the hopeless case – the Labour Court gets tough In recent months the Labour Court has signalled on more than one occasion that its processes are not to be abused by litigants. The Court’s articulation of this principle comes in response to an increasing number of meritless disputes which are being [...]

2019-09-02T11:17:20+01:00Sep 2nd, 2019|

Fradulent qualifications – What employers need to know about the NQF amendment act

Fradulent qualifications - What employers need to know about the NQF amendment act On 19 August 2019, President Cyril Ramaphosa signed into law the National Qualifications Framework (NQF Amendment Act) Amendment Act 12 of 2019. The NQF Amendment Act has implications not only for prospective employees and/or job seekers who misrepresent their qualifications but [...]

2019-08-29T09:53:16+01:00Aug 29th, 2019|

The Constitutional Court restricts the use of derivative misconduct

The Constitutional Court restricts the use of derivative misconduct The concept of derivative misconduct has received a great deal of judicial attention over the last few years. In many instances, charging employees for derivative misconduct is the last resort for employers who are the victims of collective misconduct and who are unable to identify [...]

2019-08-22T09:13:15+01:00Aug 22nd, 2019|

The Zondo Commission – Where to from here?

Image: Judge Raymond Zondo. (Photo: Netwerk24) The Zondo Commission – Where to from here? The question on everyone’s mind is - will there be a proper and expeditious follow-up to the evidence which has arisen and is still to arise about corruption and State capture before the Zondo Commission. It appears that the prevailing [...]

2019-08-22T09:14:53+01:00Jul 9th, 2019|

New Ruling may remove a Commissioner’s discretion to grant legal representation at CCMA

New Ruling may remove a Commissioner's discretion to grant legal representation at CCMA According to Rule 25 of the Rules for the Conduct of Proceedings before the CCMA, a legal representative is not permitted to represent a party at proceedings if the dispute concerns a dismissal which relates to misconduct or incapacity. In these [...]

2019-08-22T09:15:50+01:00Jul 9th, 2019|

Strike violence too easily tolerated and must be outlawed

Strike violence too easily tolerated and must be outlawed The recent strike at Sibanye once again highlighted the sorry state of SA’s industrial relations. The strike lasted about five months and, disappointingly, was marred by more than 100 acts of violence, some of them grievous in nature. The violence was perpetrated by people seeking [...]

2019-08-22T09:16:57+01:00Jun 4th, 2019|

Amendments to LRA create a new basis for strike interdicts

Amendments to LRA create a new basis for strike interdicts On 20 March 2019, the Labour Court handed down judgment in the cases of Mahle Behr SA (Pty) Ltd and NUMSA & Others (D448/19) and Foskor (Pty) Ltd v NUMSA & Others (D439/19). In those matters, the Labour Court interdicted NUMSA from engaging in [...]

2019-08-22T09:18:12+01:00Apr 21st, 2019|

Time to Bail Out? – Dismissal for “Operational Incapacity”

Time to Bail Out? – Dismissal for “Operational Incapacity” Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business of the employer, it directly impacts both the operational requirements of the employer and the employment relationship. In Samancor Tubatse [...]

2019-08-22T09:19:12+01:00Apr 11th, 2019|

Obstruction through construction – A commuters nightmare

Obstruction through construction - A commuter's nightmare How many times have you sat in traffic with no end in sight, only to discover that the hold-up was caused by a property developer constructing a large building that had decided to make the public road its own? It is not uncommon for the average commuter [...]

2019-08-22T09:12:41+01:00Mar 26th, 2019|