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A typical customer service promise

A typical customer service promise

A TYPICAL CUSTOMER SERVICE PROMISE We will deliver and install the equipment within two working days; We will provide you with a 24-hour toll free helpline 365 days a year; In the event of any problem with the product, we promise next-day service at your home or office, provided that we are notified by 16H00; […]

SA Today: Unpacking the most important issue of 2014

SA Today: Unpacking the most important issue of 2014

Unpacking the most important issue of 2014  On this Reconciliation Day I write my final newsletter of 2014. I wanted to focus on the theme of reconciliation, sweeping away the accumulated irritations of a complex year. Now I am just going to have to do so quietly and privately, which is probably best for everyone. […]

What does "on the whole not less favourable" mean?

What does “on the whole not less favourable” mean?

By Aadil Patel Director, Employment Law, Cliffe Dekker Hofmeyr The wave of amendments to employment legislation has seen a codification of the case law relating to the principle of ‘equal pay for equal work’. The principle has been codified by s198 of the amendments to the Labour Relations Act, No 66 of 1995 (LRA) and […]

Equal pay for work of equal value - getting practical

Equal pay for work of equal value – getting practical

By Judith Griessel, Griessel Consulting The amendments to the Employment Equity Act in August 2014 have brought changes to the unfair discrimination dispensation in terms of section 6 of the Act. Most notably was the addition of so called “unequal pay for equal work” provision as a form of unfair discrimination. Employers and HR professionals […]

Valuing your customers - phrases that arouse anger

Valuing your customers – phrases that arouse anger

There are numerous phrases that exasperate customers.  If you’re interested in resolving problems and satisfying customers, you’ll avoid these phrases: “You’re going to have to ……” “What did you do?” “Its company policy that ……” “You can’t …….” “You’ll have to talk with ……” “Why are you talking to me about……?” ‘I’m new here.” “That’s […]

Is reinstatement necessarily retrospective?

Is reinstatement necessarily retrospective?

By Ndumiso Zwane, Senior Associate, Employment, Cliffe Dekker Hofmeyr In the recent case of David Themba v Mintroad Sawmills (Pty) Ltd (J 1683/2012), Judge Snyman was required to determine whether reinstatement is coupled with retrospectively. Essentially, the issue which needed to be decided was whether employers have to pay their reinstated employees back pay. In […]

Warning, it may be the festive season and you're inclined towards going with the flow!

Warning, it may be the festive season and you’re inclined towards going with the flow!

By Saber Ahmed Jazbhay, Attorney and Labour Law Practitioner And so you decide to throw caution to the winds and share a ‘rationally offensive “joke”’ via e-mail. Stop, think before you press the send button. You will, in all probability get fired. This is what happened to the applicant in Chetty v Toyota South Africa […]

Contracts – stating your intentions

Contracts – stating your intentions

By Judith Griessel, Griessel Consulting Employers generally have an adversity towards bulky and ‘legalistic’ employment contracts. The all-time favourite is still a “letter of appointment” of 2 or 3 pages, stating terms and conditions such as position, salary, leave and working hours – and perhaps something about confidentiality. It usually starts end ends with a […]

SA Today: The power struggle SA can't afford to lose

SA Today: The power struggle SA can’t afford to lose

When the history of South Africa’s multiparty democracy is written, Eskom’s name should be up in lights. This thought helps me control my anger during the rolling blackouts that are doing incalculable damage to our economy and our prospects for growth, a pre-condition for job creation. It is no consolation that our Minister of Public […]

Landscaping trends for your garden for summer 2014

Landscaping trends for your garden for summer 2014

‘Tis the season to be spending more time outdoors and make the most of your space – be it a tiny balcony or lush landscape. These are tips which everyone can make use of to improve and make the most of their space this summer. Match your indoors to your outdoors  Think of your house […]

Evaluating a speech

Evaluating a speech

Watching our leaders delivering their speeches to convince us that we must believe in them sometimes makes me wish that they would sign up with TCC Skills Training for a Public Speaking Course. Maybe then, when they know how, we could start taking them seriously. I will never believe their promises if they keep reading […]

Be Careful When Assessing Who to Retrench

Be Careful When Assessing Who to Retrench

By Ivan Israelstam The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused many an employer to lose in court. For example, […]

Termination by resignation before expiry of fixed term contract constitutes a breach

Termination by resignation before expiry of fixed term contract constitutes a breach

By Aadil Patel Director, Employment Law, Cliffe Dekker Hofmeyr In the matter of Air Traffic and Navigation Services v Esterhuizen (668/2013) [2014] ZASCA 138 (25 September 2014), the Supreme Court of Appeal (SCA) was faced with the question of whether the respondent, as a result of his premature resignation, was liable to the appellant for […]

Labour Minister Oliphant upwardly adjusts domestic workers’ annual wages

Labour Minister Oliphant upwardly adjusts domestic workers’ annual wages

Labour Minister Mildred Oliphant has approved the new wage structure for the Domestic Workers Sector following the upward adjustment of the new minimum wage. The latest relief comes on the eve of the festive season. The minimum wage adjustment is in line with legislation to protect workers in South Africa in sectors in which they […]

Revisiting the role of the Labour Court and unfair suspensions

Revisiting the role of the Labour Court and unfair suspensions

By Faan Coetzee, Executive Consultant Employment, Cliffe Dekker Hofmeyr The recent decision of the Labour Court in Golding v HCI Managerial Services (Pty) Ltd and Others (C933/2014) [2014] ZALCCT 52 is but one example of the approach of the Labour Court in dealing with alleged unfair suspensions and applications to interdict suspensions and disciplinary hearings. […]

SA Today: The Holy Trinity of Democracy

SA Today: The Holy Trinity of Democracy

On Saturday, the DA held its Gauteng Congress where 1200 delegates met to elect their provincial leadership and debate policy resolutions. Two weeks ago, the DA in the Eastern Cape did the same. In the coming months we will hold our provincial congresses in the remaining seven provinces, as we regularly do, at least once […]

Reinstated? What does it mean and entail

Reinstated? What does it mean and entail

By Saber Ahmed Jazbhay, Attorney and Labour Law Practitioner The Constitutional Court judgment in Equity Aviation Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others, is authority on the issue of reinstatement and what it means. The Court specifically dealt with the meaning of ‘reinstatement’ awarded in terms of section 193 of […]

When The Workplace Becomes Unbearable' – Update

When The Workplace Becomes Unbearable’ – Update

By Johann Scheepers The modern workplace is characterised by all sorts of conflict. The extent of operational demands on the employer and employee is ever increasing. Traditionally competitors were confined to a limited and easily identifiable group. However, as it is often mentioned by very important persons, ‘The world has become a global village’, or […]

The ANC’s crisis is the People’s opportunity

The ANC’s crisis is the People’s opportunity

Having spent a week in Germany, to participate (among other things) in a seminar on the implications for democracy of the fall of the Berlin wall 25 years ago, it has been exhilarating to return to the turbulence of South African politics. It is always salutary to analyse our democracy in a broader context. And […]

How to avoid overspending this holiday season

How to avoid overspending this holiday season

With the holiday season around the corner, many of us are already considering what gifts to buy for Christmas, which hotel to stay in, and what sites to visit. While this may seem very exciting, all of it costs money – and with prices rising due to the peak season, it can be extremely easy […]