MARIUS SCHEEPERS LABOUR LAW ATTORNEY
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War diary of Angolan Border War in Namibia, 1966-1989. PUBLICATIONS Striking inside Angola with 32 Battalion , Marius Scheepers Move the Border , Marius Scheepers To place an order for these books, go to: 30degreessouth 30 minute video about the history of the Angolan Border War To view the time line of the Angolan Bush War: 32 Battalion's history , click HERE Academic article in Scientia Militaria (SOUTH AFRICAN JOURNAL OF MILITARY STUDIES), under the heading: Loss of Military Equiplment at the Battle at Indungo during the Border War, 31 October 1987, Marius Scheepers. https://scientiamilitaria.journals.ac.za/pub/article/view/1262

LABOUR LAW AID Blog for the Workplace

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. Instructions for opening link with Ipad (IOS), click HERE : LABOUR LAW AID for PC View all these carefully selected Labour Court cases, categorized on one page. Click on the expanding arrows at the right top of the page to view in full screen (please be patient to open large file). Open the icon with the three dots and chose search option , then type in the search phrase, to search. This document contains summaries of Labour Appeal Court and Labour Court decisions from 1997 until recent (regularly updated: i.e. December 2022). These decisions are organized and grouped according to selected topics. Over 1000 Court decisions on employment law principles were specially sourced to serve as aid for H R managers and Employment specialists. Also go to: LABOUR LAW AID for another view of the file. All cases are carefully listed under the following topics: Administrative action Administrative law Affirmative action Agreement Arbitration awards Automatically unfair dismissal CCMA Collective agreement Collective bargaining Common law Conditions of employment Condonation Constructive dismissal Contract Contract of employment Costs Court Appeal Damages Definition Desertion Disciplinary hearing Dismissal Doctrine of common purpose Employee Employment Essential service Estoppel Evidence Execution High Court Jurisdiction Incapacity Information Interdict Interest dispute Joinder Jurisdiction Labour Broker Labour Court legal persona Lock-out Mutual interest vs rights issue Nature of dispute Order Parity principle Plea Poor performance Prescription private arbitration Procedure Protected disclosure act Public Holidays Act 1994 Reinstatement Remedies Representation Res judicata Retirement age Retrenchment Review Rule Nisi Severance Pay Special Plea Strike Subpoena Suspension Trade Union Transfer of Employment Unfair Discrimination Unfair Labour Practice Unreasonable Delay Rule Urgent Interdict Urgent Relief No liability Clause:  Marius Scheepers and Company Attorneys and their associates accept no liability for any damages or losses suffered as a result of actions taken based on information contained herein. They are committed to regularly update all information that is subject to change from time to time. Any person may contact them for further information and to arrange for a consultation to deal with a specific issue or send an e-mail to mariusscheepers@irodo.com The information contained herein does not serve as alternative to legal advice that may be provided during a furrow assessment of the case at a proper consultation. Marius Scheepers (C)  This manual is copyright under the Berne Convention. In terms of the Copyright Act, No. 98 of 1978, no part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the author. Older versions of Labour Law Aid (1997-Aug 2013 and Aug 2012-Aug 2013)

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. To see the latest news about labour issues, click here.

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Labour Court Review: Please wait a few seconds for the graphic to load below.

In 2024 a documentary film, Places of Valour by Marius Scheepers, was released about the history of the Angolan Border War Places of Valour: A Soldier's Pilgrimage to Angola, by Marius Scheepers (2025), a documentary feture film.

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. CHAPTER 1 - PRE-CONCILIATION AND MISCONDUCT DISMISSALS More information on this chapter Items covered in this chapter include :  Internal remedies Deadlock: dismissal/Residual Unfair Labour Practice/dispute of mutual interest Formalities Referral of a dispute under the auspices of the CCMA (unfair dismissal, or any other dispute as referred to in regulation 11 (2)) The governing body vested with jurisdiction over an issue The CCMA The Council Private Arbitration Jurisdiction Time limits Condonation application Referral of a dispute for Conciliation Legal Representation Preparing for conciliation Failure to attend the Conciliation meeting Postponements at the CCMA Jurisdiction to conciliate a dispute Pre-dismissal arbitrations CCMA Guidelines: Misconduct Dismissals

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Automatically Unfair Dismissal and Discrimination (and retirement age): Please wait a few seconds for the graphic to load below.

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Evidence: Please wait a few seconds for the graphic to load below.

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. CHAPTER - 3 - PRE-ARBITRATION & PRE-LITIGATION Items covered in this chapter include :  Preparing for Litigation Selection: Arbitration or Labour Court The procedure for referring a dispute to arbitration Time periods for referring disputes to the CCMA or Bargaining Council for Arbitration. Notice of Arbitration Jurisdiction of Arbitration Postponement of Arbitration Enforcement of collective agreements by Bargaining Councils Witness subpoenas at the CCMA Representation at the Arbitration Procedure for referring the matter to the Labour Court Contents of Schedule 2 form (Statement of claim) The Respondent's Response to the Applicant's Statement of Claim Calling of expert witnesses The Pre-trial conference by parties Pre-arbitrations meeting Disclosure of documents Pagination Witness subpoenas in Labour Court General Regulation 4 - Witness fees Witness Subpoenas in the CCMA More information on this chapter

Marius Scheepers & Company Attorneys is based in Menlyn, Pretoria, South Africa. We are your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Labour Law Aid: Frequently asked questions We frequently receive enquiries about the application of the Labour Laws, how these laws affect the parties' rights and how does fairness apply to the employment relationship. Links to case law on some labour law topics are provided herein for ease of reference. The employment relationship should meet the Constitutional requirement that everyone has the right to fair labour practices (section 23(1)). For more information or to conduct a brief telephone discussion on your labour law issue, contact us at: Marius Scheepers and Company Attorneys . Labour law topics: Agreement / Contract Parties are bound by the terms of their agreements. An employee who resigns or a settlement agreement could seldom be challenged afterwords. The parties should not sign an agreement without reading it first and should always retain a copy of the signed agreement. CCMA Should a party refer a dispute (including an Unfair Labour Practice or an Unfair Dismissal) it should reach the CCMA (or other designated councils) within the limited time period prescribed.The Employer should attend on the date of the Arbitration. Conditions of employment / Contract of employment The parties should structure their employment relationship to meet the minimum requirements of the law. The parties should conclude a written agreement. Employees should acquaint themselves with all the Employer's policies and procedures. Desertion An Employee who leaves the workplace without the Employer's consent, may be guilty of misconduct due to desertion. The Employer should follow a fair disciplinary procedure before terminating the employment, even after the Employee deserted. Disciplinary hearing A fair disciplinary hearing should precede a misconduct dismissal (which provides the employee with disciplinary charge/s, allow the employee to state his / her case, and advise the employee of the outcome) and to consider mitigating and aggravating evidence prior to applying a fair sanction or penalty. The conception of procedural fairness incorporated into the LRA is one that requires: *an investigation into any alleged misconduct by the employer, *an opportunity by any employee against whom any allegation of misconduct is made, to respond after *a reasonable period with the assistance of a representative, *a decision by the employer, *and notice of that decision. Dismissal (misconduct) The Employer should apply progressive discipline and a sanction of dismissal should only be reserved for serious or repetitive infringements of the Employer's rules or standards. Employee The contract between the parties should be clear whether the person is an Employee or an Independant Contractor. The law regard a person to be an Employee based on the dominant impression that is formed with due regard to the structure of the organisation, the supervision and control over the relationship and the economic dependency of the person. Incapacity / Poor performance An Employer should evaluate an Employee and provide the Employee with assistance, guidance or training and then provide for an opportunity for the Employee to state his / her case before a dismissal could be fairly imposed. Retrenchment An Employer may terminate the employment fairly due to substantively fair reason based on the employer's operational requirements and only after a fair procedure was followed (provide written information (section 189(3), conduct fair consultation regarding: considering fair selection criteria, considering alternatives and considering fair severance pay). Severance Pay The calculation of the minimum severance pay should form part of the retrenchment consultation and it should be based on the fair application of a formula based on the continuous period of employment and based on the correct calculation of the Employee's salary. The Employee's accrued leave pay and the minimum notice pay should also be paid on termination. Suspension A suspension should be reserved for more serious misconduct. It is no langer required by law to provide an Employee a fair opportunity to state his / her case not to be suspended, before issuing the suspension letter, except if such a provision is included in the E mployer's polic y. Unfair Discrimination An Employee may not be unfairly discriminated by the Employer. These reasons include discrimination due to race, gender, social orientation, religion, exct. Employers should also treat sexual harassment reports with great care. Unfair Labour Practice Not every kind of action at the workplace is defined as an Unfair Labour Practice. These practices include, disciplinary action short of dismissal, promotion or demotion, suspension (without salary). The Employee should follow the grievance procedure. A disciplinary hearing for minor misconduct offences should be preceded by fair procedure. (For more information, visit our section on Labour Law Aid according to court judgements or click these headings. There are a more complete list of labour topics under our Home section. This section contains summaries of Labour Appeal Court and Labour Court decisions from 1997 until recent (regularly updated). These decisions are organised and grouped according to selected topics. Over 1000 court decisions on employment law principles were specially sourced to serve as aid for H R managers and Employment specialists.)

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. CCMA and Arbitration: Please wait a few seconds for the graphic to load below.