Tag: fairness

It is important to have a clear understanding of what transformational leadership is before we explore the topic. By definition, it is a leadership style that goes beyond traditional management practices which involves inspiring and motivating followers to achieve their full potential, challenging the status quo, and driving meaningful change within the organisation.

In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.

The short answer: if payment of a bonus is a guaranteed right, either in terms of an employee’s contract of employment, an employer’s remuneration or bonus policy, or perhaps an industry regulated Bargaining Council Main Agreement, and the bonus is not dependent on the exercise of any discretion at the instance of the employer or the attainment of individual or company related performance objectives, then...

The problem of inappropriate labelling is not confined to law. It is appearing in the financial services market which should take deliberate steps to resist incorrect labelling, particularly by regulators.