Johann Scheepers's Blog (13)

CORRECT CATEGORIZATION OF A DISMISSAL ‘THREE STRIKES YOU’RE OUT!’

“Dismissal is divided into three categories: dismissals for misconduct, for incapacity and based on operational requirements. This division, which conforms with the ILO Termination of Employment Convention 158 of 1982 and Recommendation 166 0f 1982, is a happy one. It covers…

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Added by Johann Scheepers on August 29, 2018 at 9:00pm — No Comments

LABOR DISPUTE RESOLUTION: EEOC [USA] & CCMA [SA] - A COMPARATIVE ANALYSIS

“Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded wrangling over…

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Added by Johann Scheepers on January 22, 2018 at 6:30am — No Comments

DISCRIMINATION: DISABILITY – PSYCHIATRIC ILLNESS OR PSYCHOLOGICAL DISABILITY OR IMPAIRMENT – EMPLOYMENT EQUITY ACT, ACT 55 OF 1998 (AS AMENDED)

“The appellant, however, sought to justify its decision to require the respondent to submit to psychiatric testing on the basis that she had consented to it in her contract of employment; that it had concerns about her behaviour; and that the work performed by her was inherently stressful and…

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Added by Johann Scheepers on December 7, 2017 at 8:04pm — No Comments

THE LAW OF EVIDENCE IN ARBITRATION PROCEEDINGS - ‘VALUATION’, ‘ANALYSIS’, ‘ASSESSMENT’, ‘PROBABILITIES’, ‘INFERENCES’, ‘CIRCUMSTANTIAL EVIDENCE’, ‘CUMULATIVE EFFECT’, THE RULES OF LOGIC…

“There is no art

To find the mind’s construction in the face

He was a good gentleman on whom I built An absolute trust”

- Macbeth l.iv.13.

On Circumstantial Evidence – Cumulative effect:

“[E]ven two articles of circumstantial evidence, though each taken by itself but as a feather, join together, you will find them pressing on a delinquent with the weight of a mill-stone ….”.

‘In S v Reddy & others 1996 2 SACR 1 (A) 8i Zulman AJA quoted, ‘Best on…

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Added by Johann Scheepers on October 21, 2017 at 8:02pm — No Comments

LEGAL COSTS: LITIGATION IN LABOUR DISPUTES – ‘SOME SOBERING THOUGHTS' - CONFLICT RESOLUTION CONTINUUM



"The first thing we do, let's kill all the lawyers" – Henry the Sixth, Part 2 Act 4, scene 2,…

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Added by Johann Scheepers on August 13, 2017 at 1:18am — No Comments

PREGNANCY – DUTY TO PROVIDE ‘REASONABLE ACCOMMODATION’ RECENT DEVELOPMENTS IN SA

'The use of the comparative method requires knowledge not only of the foreign law, but also of its social, and above all its political context. The use of comparative law for practical purposes becomes an abuse only if it is informed by a legislative spirit…

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Added by Johann Scheepers on September 25, 2015 at 7:48pm — No Comments

STRIKE VIOLENCE IN SA – “JUDICIAL SCRUTINY OF DUTY OF UNIONS TO CURB UNLAWFUL CONDUCT?”

INTRODUCTORY COMMENTS

In terms of the Section 23(2) of the Constitution of the Republic of South Africa,…

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Added by Johann Scheepers on January 3, 2015 at 8:57am — No Comments

IMPORTANT ISSUES AND QUESTIONS? The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple i…

IMPORTANT ISSUES AND QUESTIONS?

The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple in the human resources community…surprising, since this was the…

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Added by Johann Scheepers on September 14, 2014 at 7:50pm — No Comments

IN PURSUIT OF 'EQUAL PAY FOR WORK OF EQUAL VALUE'

The  South African Employment Equity Amendment Act, Act No 47 of 2013 (the EEAA) came into operation by means of promulgation with effect from 01 August 2014.

The EEAA as well as other amendments to SA Labor Legislation, to wit the Labor Relations Act, 66 of 1995 (the LRA) and the Basic Conditions of Employment Act, 75 of 1997 (the BCEA) formed the subject matter of extensive consultations held over a period of almost four years at NEDLAC whereupon 'consensus' was…

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Added by Johann Scheepers on August 20, 2014 at 2:42pm — No Comments

INTRODUCING THE NEW EQUILLORE LABOUR DISPUTE RESOLUTION PRACTICE – SOUTH AFRICA

On the 1st of October 2013 dispute resolution in South Africa entered into a new era with the accreditation of Equillore , a private dispute resolution agency, by the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the provisions of section 127 of the Labour Relations Act, Act 66 of 1995 (the LRA) to perform dispute resolution functions as stipulated in…

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Added by Johann Scheepers on February 15, 2014 at 5:52am — No Comments

“NEGLIGENCE” - GROUNDS FOR DISCIPLINARY ACTION IN THE HEALTH CARE SECTOR - A SOUTH AFRICAN CASE STUDY

                                                 MEMORANDUM

1.

 

INTRODUCTION:

 

The importance…

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Added by Johann Scheepers on January 27, 2014 at 8:46pm — No Comments

"WHY SHOULD YOU CARE ABOUT DIVERSITY, EQUITY & INCLUSION"

WORKPLACE CONFLICT IN SOUTH AFRICA - A CASE STUDY OF WESTERN CULTURE v AFRICAN CULTURE

In a recent judgment by the South African Supreme Court of Appeal (SCA), the Court pronounced on a labour dispute which some of the readers may find of some interest. Following hereunder a posting by the writer in which he dealt with the judgment and its potential consequences for South…

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Added by Johann Scheepers on January 16, 2014 at 2:37pm — No Comments

"Equal Employment For All Act" - A South African View

A South African View Of “The Equal Employment For All Act”

By Richard Cohen on December 24, 2013Posted in…

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Added by Johann Scheepers on December 26, 2013 at 12:14pm — No Comments

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