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In the second of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses what happens when parties refuse to participate virtually in retrenchment consultations. It is done with reference to what the Labour Court had to say when FAWU claimed procedural unfairness when the consultation proceeded in its absence.
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What happens when an employee steadfastly refuses to remove a light blue hairpin in contravention of a dress code that requires hairpins to be navy blue or black?
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Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation. This article gives some welcome clarity on the differences between an Employee and an Independent Contractor and the recourse and protection each has, or does not have, respectively..
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Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC) Whether, in terms of the Labour Relations Act 66 of 1995 (the LRA), the High Court and LC enjoyed concurrent jurisdiction over an alleged unlawful termination of a fixed-term contract of employment.
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Ten points of interest concerning the necessity to avoid self help and to follow due process in labour disputes are discussed in the light of the recent Labour Court judgment in Mogaladi and Another v Public Protector. And replace the text in the article of No to self-help: follow due process in labour disputes with it.