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Labour Law Consultants

Tony Healy & Associates is South Africa’s leading multi-disciplinary labour law and labour relations firm rendering professional litigation, consulting and training services to an extensive national client base including national and multi-national corporations, government institutions, and emerging businesses.


Mere suspicion does not prove an employee guilty of misconduct

Strong suspicion that an employee has committed misconduct, is a persuasive thing.  So persuasive, in fact, that employers are frequently lulled into concluding that the suspicion is so compelling, that it proves employee guilt, of misconduct.  Nothing could be...

Substantively unfairly dismissed employees may not always be reinstated

Sections 193(1) and (2) of the Labour Relations Act, lists a hierarchy of remedies available to employees who are found to have been substantively unfairly dismissed in arbitration hearings.  Retrospective reinstatement is a remedy limited to cases of substantively...

Employers may not randomly select a retirement age

Our labour courts still frequently hear cases in which employers have prematurely retired employees.  In the main, this has to do with employers either retiring employees prior to the correct normal retirement date, or imposing a retirement age when none otherwise...

Falsely accused of sexual harassment

The 2005 Amended Code of sexual harassment talks of “…unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace, taking into account all of the following factors: 4.1 whether the harassment is...

Charged with one thing and found guilty of another

In the Labour Court case of EOH Abantu v (Pty) Ltd [Case No. JA4/18], the employee had been found guilty of a charge that was not specified in the employer’s charge sheet.  In short, the employee had been found guilty of gross negligence, when gross negligence was not...