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Private dispute resolution: A good option

All HR and IR professionals will know how important a quick yet fair and effective dispute resolution is. This means that HR and IR professionals need to take control of this process by ensuring that top-quality officials preside over all labour law-related processes.


The crucial difference between “trapping” and “entrapment”

Theft in South Africa poses a huge danger to employers - from employees ‘borrowing’ the company’s scissors or pen, to removing large quantities of the company’s product to resell. So it is no wonder that employers will try anything to get the theft to stop.

And sometimes that anything includes entrapment.


How the CCMA commissioner will assess evidence and draft an award

On 25 October, Melanie Harte of Cliffe Dekker Hofmeyr, gave us an overview of the new guidelines the Commission for Conciliation, Mediation and Arbitration (CCMA) recently published. This week Johan Botes, one of her colleagues at Cliffe Dekker Hofmeyr, tells us how commissioners will assess evidence and draft awards.


7 Facts that you must know NOW about sick notes

According to section 23 of the Basic Conditions of Employment Act:

1.    For a medical certificate to be valid, it must state that:

  • The employee was unable to perform his or her normal duties because of illness (or an injury); and

  • This diagnosis is based on the professional opinion of the medical practitioner.


Short-term gain, long-term pain: Probation disguised as a fixed-term contract

How do you fire an employee who does not meet expectations? The idea of a fixed-term contract might seem a good solution: Inform the employee that the fixed-term contract has expired if you want to get rid of him.

How would this work?