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  • Article

    Reimagining Social Justice: Challenging The Status Quo In South African Labour Law

    In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Restraint Of Trade Clauses: Balancing Employees' Rights To Work Versus Employers' Proprietary Interests

    Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts.
    South AfricaEmployment and HR
    Adams & Adams
Adams & Adams
  • Article

    Secretly Recording Your Boss: Allowable Under RICA But Problematic Under The LRA

    This finding has been hailed as a victory for greater freedom from unlawful surveillance.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Snoozing Is No Longer Losing

    We have reached that time of the year. December holidays are around the corner, employees want to make the most of the upcoming break
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Social Media: Speaking Out vs Speaking Up

    Criticism can be a very tricky thing to digest.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Specific Forms Of Misconduct In The Workplace And The Necessity For A Disciplinary Code

    Schedule 8 of the LRA further stipulates that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees.
    South AfricaEmployment and HR
    Abrahams & Gross Inc.
    Abrahams & Gross Inc.
  • Article

    Strike/Protest March Violence: Lessons From The Constitutional Court

    In South African Transport and Allied Workers Union vs Garvis and Others 2011 (12) BCLR 1249 (SCA) the union, SATAWU, organised a protest march as part of a national strike.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Long And Short Of Short-Time

    Short-time work, a strategic response to economic fluctuations, plays a pivotal role in South African labour law. This article aims to delve into the legal intricacies and practical considerations...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    What Happens When Parties Reach A Deadlock At A National Level?

    When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Art Of Compliance

    One of the responsibilities of the Department of Employment and Labour is to ensure that all employers adhere to the Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act (NMWA).
    South AfricaCompliance
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Employment Equity Changes Enacted: Sector Targets Coming Soon

    On 12 April 2023, the Department of Employment and Labour ("Department") confirmed that the President signed into law the Employment Equity Amendment Bill, 2020 ("the Bill").
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Parental Leave Entitlements In Effect

    The Labour Laws Amendment Act 10 of 2018 (LLA Act), which introduces new forms of leave for parents in South Africa (in addition to the existing maternity leave entitlement), was signed into law
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    The Role Of The Essential Services Committee In Safeguarding South Africa's Most Vital Industries

    We have previously written about what an essential service entails and the main reasons why the Labour Relations Act (LRA) defines specific industries as "essential".
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Use It Or Lose It

    The Basic Conditions of Employment Act (BCEA) regulates annual leave in South Africa. The BCEA provisions for annual leave do not apply to employees who work fewer than 24 hours per month for an employer.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Employee's Right To Unionise And Trade Union Representation Of Non-Members

    The Constitution of the Republic of South Africa guarantees the right to fair labour practices. That right, in turn, includes the right of every worker to join a Trade Union; and every Trade Union...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Optimising Skills Development

    Continuing with our theme from last week's article, skills development stands as a strategic investment for organisations aiming to achieve and maintain a favourable B-BBEE level...
    South AfricaCompliance
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    South African Parties Consider Post-2024 Coalition Government

    South Africa's ruling African National Congress (ANC) remains in charge of a stable government for now, but recent electoral setbacks and corruption scandals put it in a vulnerable position from which it may be forced...
    South AfricaCriminal Law
    Songhai Advisory LLP
    Songhai Advisory LLP
  • Article

    A Restraint Of Trade Does Not End When Employment Does: The Enforceability Of Restraints Post-Retirement

    In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Affirmative Action: Ten Lessons Learnt From Recent Case Law

    The Employment Equity Act 55 of 1998 (EEA) was established to achieve equity in the workplace through the elimination of unfair discrimination and the implementation of affirmative action measures.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    An Analysis Of The Statutory Requirements For Promoting Employees In A Fair Manner

    The promotion of employees within the workplace environment is a discretion enjoyed by employers to exercise as they see fit. It is generally accepted that the exercise of this discretion...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Showing 121–140 of 586 results

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