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An analysis of the 'no work no pay' principle

South Africa - November 3 2014 Full time shop stewards generally perform the functions of the union on a full time basis, but are paid by the employer. The question however arises…

Think twice before you prosecute: Can employers be held liable for malicious prosecution claims arising from internal disciplinary proceedings?

South Africa - May 15 2017 This question arose in the judgment of Mahlangu v Minister of Police (66326/2010) [2017] ZAGPPHC 13. In this case, the employer laid charges of…

Sean Jamieson

Inspecting 'in camera' evidence – a process for dealing with fearful witnesses

South Africa - June 29 2015 Employers are often faced with scenarios where witnesses are too scared to give evidence during disciplinary or related proceedings due to fear of…

‘Anything goes, or does it?’ - How far can the pursuit of shop stewards go?

South Africa - March 27 2017 Shop stewards and union representatives play an important role advocating for the enhancement of employee rights, but what happens when their pursuit…

Shikara Singh

The principle of plea bargaining upheld in the Labour Court

South Africa - April 25 2016 The misconduct concerned eight employees who were managers of the emergency medical services (EMS) directorate, of the Eastern Cape Department of…

Nicole Brand, Fiona Leppan