CCMA

The terms “protected disclosures” or “whistleblowing” are not new phenomena to the employment law landscape, but there is often great uncertainty about how protected disclosures are dealt with in practice, and the lengths to which our judiciary would go to protect an employee’s rights in these cases. The case of Railway Safety Regulator v Kekana … Automatically unfair dismissal for a protected disclosure – the case of Railway Safety Regulator v Kekana

Perjury, simply put, is the misrepresentation of facts whilst under oath. The consequence of perjury in South Africa is a fine, imprisonment of up to 10 years or both. The presence of the following elements determines the test for perjury in South African common law: I. “[a] false statement;II. in an affidavit, affirmation or attested … Employee coerced into false statement: CCMA dilemma

In terms of the CCMA rules, an employee is required to refer an unfair dismissal dispute to the CCMA within 30 days from the date of dismissal or termination. The purpose of this rule is aligned with a core principle of the CCMA, the efficient and speedy resolution of disputes. It may however happen that, … Condonation Applications for Late Referrals of Dismissal Disputes