Summary Suspensions in Employment Law – Long or right?

By |2021-06-15T14:23:43+01:00June 15th, 2021|Labour Law, Labour Law, Litigation|

The current position in our law is, accordingly, that where an employee is suspended for precautionary reasons (i.e. in that the employer was concerned that the employee’s continued presence in the workplace would provide him/her with the opportunity to interfere with potential witnesses and/or to destroy pertinent evidence) the employer is under no obligation to afford the employee a pre-suspension hearing before affecting the suspension.

When your neighbour decides to renovate: what are your rights?

By |2021-05-06T11:19:14+01:00May 6th, 2021|Litigation, Regulatory Law, Uncategorised|

If your neighbour is building at the early hours of the morning or on your (supposed-to-be) serene Sundays and he is not able to prove that any of the requisite exceptions to the regulations apply, certain remedies become available to you as an affected party. Such relief is based in terms of the relevant By-laws in your area, such as the City of Cape Town’s Municipal Planning By-law and the Streets, Public Places and Prevention of Noise Nuisance By-law which is exclusively applicable to the City.

A closer look at polygraph testing in employment disputes

By |2021-05-05T12:45:33+01:00May 5th, 2021|Labour Law, Litigation, Uncategorised|

Employers are cautioned against using the results of polygraph tests as the sole basis for disciplining an employee. The probative value of polygraph testing remains open ended, and its reliability, if any, is to be determined by the courts on a case-by-case basis and in conjunction with expert and / or further corroborating evidence.

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