011 475 2845 law@leeuwmar.co.za

Retrenchment based on Poor Performance

But what if an employer wants to retrench the poor performers and keep the star performers. Would the inclusion of performance appraisals be fair in the circumstances when selecting employees for retrenchment? The courts recently had the opportunity to revisit the... read more


But what do you do when your employee productivity is eroded by computer games. I am not talking about the larger games which requires special computer systems and could take days to go through a single stage, I am talking about the easy to come by, smaller games such... read more


Employment Equity Plans and their validity came strongly into focus this past week with the Constitutional Court Judgement of Solidarity and Others v Department of Correctional Services Case Number 78/15 which was handed down on Friday 15 July 2016. The Appeal to the... read more

Imprisoned Employees

One of the first questions a personnel agency or prospective employers asks is: “Do you have a criminal record and do you object to a criminal check?”. In general, employment is dependant on not having a criminal record. However, what happens when an employee commits... read more

Misconduct by an Employee on Social Media

Not only are working hours being threatened by online games and trends but employers have no control over negative comments and how far reaching they are. The CCMA and other labour laws have come into contact with the issue of remarks aimed at employers through social... read more

Don’t delay the bringing of disciplinary charges

Practitioners and the courts see this phenomenon quite often where employers bring charges against employees who committed acts of misconduct a long time ago. Many reasons for this exist, for instance, employers argue that they were not aware of the seriousness of the... read more


Evidence which may be crucial in disciplinary hearings However, this is not always the case and more often than not, the employer is challenged before the CCMA or Labour Court and needs to lead extensive evidence convincing the arbitrator or judge that the dismissal... read more