164 results found

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.

Majoritarianism, South African courts have acknowledged, is the concept that the will of the majority is favoured over the will of the minority in serving the legislative purpose...

The Constitutional Court of South Africa has delivered a significant, albeit divided, judgment in Maleka v Boyce N.O. and Others...

Since its introduction into the amended Labour Relations Act, 66 of 1995 ("the LRA") in 2002 and the pronouncement on its application by the Constitutional Court in the case of National Education Health & Allied Workers Union (NEHAWU)v University of Cape Town & Others (2003) (CC), labour and commercial practitioners are familiar with Section 197 as having application to transfers of businesses.

Often employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party.

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.

What is the proper remedy for an employee dismissed in violation of the terms of a contract of employment? This question has been answered in many disparate ways by our courts.

Can an employer use its operational requirements to dismiss employees for misconduct?

Section 133 of the Companies Act, 2008 (Companies Act) places a moratorium on legal proceedings against companies in business rescue.

"One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion. However, respect for religious rights is not a confined absolute right."

In the months leading up to April 2014, Aveng faced harsh economic conditions and needed to restructure to survive and avoid the wholesale loss of jobs of its entire workforce.

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

The integrity of financial reporting depends heavily on the trustworthiness of the professionals who perform audits. When that trust is compromised from within, the consequences can be serious...

In a unanimous judgment handed down on 4 December 2020, in the matter of Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27, the Constitutional Court held that the High Court and Labour Court ...

A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm...

With the current trend of retrenchments showing no sign of abating, the issue of voluntary retrenchments (VR) is being increasingly aired.