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The spirit of corporate governance: a possible answer to the remuneration debate?

 

Former French president, Nicolas Sarkozy, was quoted as saying - at the opening of the 40th World Economic Forum: "But finance, free trade and competition are only means, not ends. From the moment we accepted the idea that the market was always right and that no other opposing factors need be taken into account, globalisation skidded out of control." Sarkozy may have been justified in stating that the market alone is insufficient in preventing abuse. However, additional measures are required to govern the market. In the corporate landscape, corporate governance could be one of these measures and, in addition, have an effect on employee rewards and executive remuneration.

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Polygraphs: are inferences from Pinocchio's nose worth the procedure?

Many employers have the incorrect idea that polygraph results are easily admissible as evidence in disciplinary proceedings. Others believe that polygraph results are strictly inadmissible and unusable. In truth, the answer lies somewhere between: you should be asking what steps you need to follow to allow polygraph evidence in disciplinary proceedings.

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Can an employee resign via text message?

To answer the basic questions about resignations, it's necessary to start by looking at the law. Section 37 of the Basic Conditions of Employment Act (BCEA) states that all terminations of employment must be in writing, unless given by an illiterate employee. It goes on to prescribe notice periods owed by the parties to each other, however these periods may be varied in a contract of employment, collective agreement or wage/sectoral determinations. Does a text message constitutes "in writing", especially considering how prolific new and established social media has become?

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8 Frequently-asked questions about employee warnings

Schedule 8 of the Labour Relations Act (LRA) provides that, when employers deal with employee misconduct and poor performance, they use the corrective, progressive approach. The schedule provides for gradual disciplinary measures, including warnings and final warnings. The legal purpose of giving warnings is to inform and/or remind employees of the employer's standards of conduct and work, and to give them a chance to improve their performance. The following are answers to eight questions we constantly receive about employee warnings.

Schedule 8 of the Labour Relations Act (LRA) provides that, when employers deal with employee misconduct and poor performance, they use the corrective, progressive approach. The schedule provides for gradual disciplinary measures, including warnings and final warnings. The legal purpose of giving warnings is to inform and/or remind employees of the employer's standards of conduct and work, and to give them a chance to improve their performance. 

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Laws about foreign national employees have gotten stricter

In South Africa, foreign nationals working for your company - who don't confirm their employment with the department of home affairs or whose visas have expired - could put you and your company at serious risk. This means that your HR department needs to get on top of this – fast. Here's how to make sure that you're not at risk.

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