Employers are often faced with difficult positions where the facts surrounding an incident points to the guilt of an employee but there seems to be no direct evidence. The burden of proof in labour law is that an employee can be found guilty if his guilt is proved on a balance of probabilities. This is, however, a lesser burden of proof as in criminal proceedings. Circumstantial evidence is admissible in hearings and is often relied on to prove the guilt of an employee. One needs to understand...

In these uncertain economic times, retrenchments have become a reality for many South Africans. It is important to keep in mind that a dismissal based on an employer’s operational requirements must be substantively and procedurally fair. Retrenching employees may cause a huge financial burden thus when considering retrenchment, one should keep in mind that there is a financial side to it. A retrenchment package may include notice pay, severance pay, pro-rata bonus, ex gratia payment and...