VideoLet's Talk E36: CCMA Procedures (Video)When to refer to the CCMA, how and what you need to be aware of as an employee. South AfricaEmployment and HRSchoemanLaw Inc.
VideoRemoving A Rogue Director (Video)In this #SchoemanLaw #LetsTalk Episode we discuss #RemovingDirectors. The Do's and Don'ts of terminating the employment or board relationship.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
VideoOFM Business Hour | Can I Be Fired For Misconduct By Association? (Video)Can I be fired for misconduct by association?...South AfricaEmployment and HRENS
Article"You Can’t Have Your Cake And Eat It" – Coca-Cola v Ndlovu & Others (Unreported Labour Court Judgment – Case Number D813/11)Mr Ndlovu, a senior employee of Coca-cola (Pty) Ltd, was retrenched on 31 December 2010 after the termination of a distribution contract he had been seconded to manage.South AfricaEmployment and HRGarlicke & Bousfield Inc.
ArticleTime Is Of The Essence – The Three-And-A-Half-Year Delay In Workplace JusticeIn the recent case of Mapyane v South African Police Service & Others (JR1948/10) ZALCJHB, the importance of prompt disciplinary proceedings was underscored.South AfricaEmployment and HRConsolidated Employers Organisation
ArticleWhen Age Matters: Retirement Or An Automatically Unfair Dismissal?South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA)...South AfricaEmployment and HRConsolidated Employers Organisation
ArticleA Good Reason Is Not Enough: Retrenchment Fails Where Selection Cannot Be ExplainedThe Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.South AfricaEmployment and HRFasken
ArticleKilling Time Might Kill Your CaseIntoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct.South AfricaEmployment and HRConsolidated Employers Organisation
ArticleTerminating An Employment Contract And Dismissing An Employee – How Are They Interrelated?A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...South AfricaEmployment and HRWerksmans Attorneys
ArticleCadre Deployment Records Unsealed: Unpacking The Employment Law ConsequencesThe Constitutional Court has this week dismissed the ANC's application for leave to appeal a judgment requiring it to hand over its cadre deployment records.South AfricaEmployment and HRENS
ArticleDismissed For Not Accepting An Employer's Demand – When Is This Automatically Unfair?After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.South AfricaEmployment and HRWerksmans Attorneys
ArticleMandatory COVID -19 Immunisation In The Workplace: It's Not That Straight ForwardMany employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine. South AfricaEmployment and HRAdams & Adams
ArticleRetrospective Reinstatement: Quantifying Back PayWhere an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay.South AfricaEmployment and HRGarlicke & Bousfield Inc.
ArticleThe CCMA's Jurisdiction Over Illegal WorkersFrom the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...South AfricaEmployment and HRConsolidated Employers Organisation
ArticleUnderstanding The Test For Constructive Dismissal In South African Labour LawConstructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable.South AfricaEmployment and HRConsolidated Employers Organisation
ArticleCan Employers Dismiss Their Off-duty Employees For Taking Part In Looting?With looting and violence continuing unabated in many parts of South Africa and with the reams of video footage depicting the brazenness of the looters, the question on many employers' minds is whether, ...South AfricaEmployment and HRENS
ArticleSABC Judgment Raises Important Employment Law IssuesThis aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.South AfricaEmployment and HRENS
ArticleDoes Your Employer Owe You Money? You May Bring A Claim At The CCMA!Salary incentives is one of the mechanisms usually used by employers to reward their employees for their performance and productivity. Employees who perform well get incentives such as an increase, ...South AfricaEmployment and HRSchoemanLaw Inc.
ArticleFifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her JobWhen Standard Bank teller Nomfundo Khumalo returned from sick leave, a surprise cash check exposed a mystery bag of R20 in R1 coins in her till.South AfricaEmployment and HRFairbridges