A default award is an award that is given at the CCMA / Bargaining Council when a matter has been set down and the employer did not show up at the arbitration. This could be for various reasons.  For example, this could be because the employer was not aware of the date of the matter as the CCMA / Bargaining Council failed to send it to the correct address or the employer missed the set down due to oversight.  Every case is unique. The question that arises now is what is the next...

Sexual harassment is defined as a form of unfair discrimination against persons based on the grounds of sex, gender and/or sexual orientation. It has also been described as persistent, unsolicited and unwanted sexual advances or suggestions from one person to another. It is a misconduct that is deemed to be a serious offence which can, and has, led to the dismissal of employees found charged and found guilty of such an offence. The Code of Good Practice for Handling of Sexual Harassment Cases...

The significance of employment contracts Employers normally only issue employees with letters of appointment and erroneously believe that if they do not simultaneously conclude a contract of employment; they protect themselves. They then believe they can then terminate the services of employees at any stage “because there are no contracts”. Even though there is no legal requirement for employees to have a written contract, it is advisable to conclude one to limit the risks that can be imposed...

Hearsay evidence is a common problem during disciplinary hearings. Should such evidence be admitted it could result in serious prejudice to the accused, and excluding it could result in the employer or victim suffering. Hearsay evidence occurs when the person who is giving such evidence is not the person who actually witnessed the incident. A typical example of such evidence is where the person initiating charges submits a written statement from a person who witnessed the offense instead of...