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  • Article

    The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct

    For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Unions May Litigate On Behalf Of Employees In Sectors Falling Outside The Scope Of Their Constitution

    The South African Labour Appeal Court ("LAC") recently handed down a judgment in the matter between the National Union of Metal Workers of South Africa...
    South AfricaEmployment and HR
    ENS
    ENS
Article

When Deja Vu Results In A Breakthrough: The Defence Of Double Jeopardy In Labour Law

The defence of double jeopardy has its origins in criminal law and, in essence, provides that an accused person cannot be tried twice in respect of the same crime.
South AfricaEmployment and HR
ENS
ENS
  • Article

    When Should The Labour Court Intervene In A Retrenchment Process?

    Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Zero Tolerance Disciplinary Offences

    The application of zero tolerance policies has become something that employers, particularly in work environments that require the utmost safety compliance, use to ensure that safety standards are adhered to.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Retrenchment And Employment Related Claims Post #Lockdownsa – Prepare Your Business

    Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Importance Of Having A Justifiable Reason For Fixed Term Employment

    Whether the termination of an employee's fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amounts to an unfair dismissal.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Witchcraft At Work – Recent Case Confirms Using Muti To Intimidate A Colleague Is A Dismissible Offence

    Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to "remove such purveyors of darkness from their environment".
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    COVID-19 May Not Be Killing Your Employees, But It Could Be Killing Your Business. Is Retrenchment An Instant Option?

    South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently...
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Dismissal For Refusing To Vaccinate Against COVID-19

    The South African government's official website indicates that the country has 46.2% of its adult population (over 18 years of age) vaccinated.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Does The Institution Of A Review Application Interrupt The Running Of The Prescription Period?

    If the review application was unsuccessful, the employee would seek to enforce the award.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Just A Spoonful Of Sugar | When Guessing Doesn't Pay

    In a recent Labour Court decision, Shoprite Checkers (Pty) Ltd v Godfrey Makaloi and 2 Others, the complexities of workplace misconduct
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Undue Delay In Prosecuting Review Applications: A Cautionary Tale

    Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Employees Continue Working After Their Fixed-term Contract Ends: A Legal Perspective

    South African case law is replete with decisions where employees claim that they were unfairly dismissed because their employer failed to renew their fixed-term contracts.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Court Confirms That Claims Of Protected Disclosure Must Fit The Definition Under The PDA

    The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

    An incident that occurred on a South African airline flight in December 2024 sparked heated debate on social media and made news headlines.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Can Employers Be Compelled To Disclose Pre-Hearing Investigation Reports In Arbitration Proceedings?

    Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employers Cannot "Buy Their Way Out" Of Retrenchment Procedures

    In the recent South African Labour Appeal Court ("LAC") decision of Total South Africa (Pty) Ltd v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum compensation for a substantively...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employers Must Follow Fair Procedure, Even In Cases Of Serious Misconduct

    A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

    The Labour Relations Act ("LRA") distinguishes between what can be termed "large scale retrenchments," regulated by sections 189 and 189A of the LRA...
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 101–120 of 164 results

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