156 results found

The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?

In the recent matter of Vodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019.

Alternate dispute resolution has long been established in employment law.

There is no doubt that gender inequality lies at the heart of most of the problems in our society. It is foundational to violence and abuse of women which is the focus of the 16 days of Activism.

The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.

In the case of General Industries Workers Union of South Africa obo Mgedezi and Others v Swissport SA Ltd and Another [2019] 9 BALR 954 the three issues, all hinging on section 198A(3)(b) of the Labour Relations Act 66 of 1995.

South African law treats sick leave and medical certificates as part of a balanced system. The Basic Conditions of Employment Act, 1997 (BCEA) gives employees paid time to recover...

Whether an employer is justified in dismissing employees carrying weapons during a protected strike.

If you are thinking about "trying your luck" with a work colleague, think twice – that moment of indiscretion may cost you your job.

The Employment Appeals Tribunal ("EAT") in England recently handed down judgment dealing with the opportunistic improvement of employees' terms and conditions ...

A South African Labour Court judgment examines the boundaries of informal harassment resolution procedures, establishing that an employer's duty to eliminate workplace harassment persists even when a complainant initially accepts an apology.

Secondary strikes must be "proportionate" in order to be "reasonable". This is the central finding of the majority decision of the Constitutional Court in Association of Mineworkers and Construction Union...

Can an employer require its employees to speak a specific language or to be of a specific nationality as an inherent requirement of the job? Can employee be dismissed for operational requirements...

In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a "swart man" ...

In workplace discipline, employers bear the onus to ensure that the company acts procedurally fair and substantively fair towards its employees.

A recent study conducted by market research specialists, Ipsos, has revealed that South Africa has a R50 billion stokvel sector, made up of more than 800,000 stokvel groups and 11 million members.

The approach our courts are required to adopt in reviewing the awards and rulings of CCMA arbitrators was revisited in the recent Labour Appeal Court ("LAC") decision of Goldfields Mining South Africa (Pty) Limited (Kloof Gold Mine) v CCMA, case number JA2/2012 ("Goldfields").