March 2021 LABOUR BRIEF NO. 436 On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to the Regulations, the Government Gazette (No 44191) notified…
Month: March 2021
Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action
February 2021 LABOUR BRIEF NO. 435 The Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020),…
Cross Examination is a Right
November 2020 LABOUR BRIEF NO. 434 At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness…
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