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  • Article

    Anything You Can Do I Can Do Better! Recent Judgments Where A Former Employee Starts A Business In Competition With The Employer

    In recent times, our Courts have increasingly been approached to provide recourse to employers to protect their proprietary interests where a former employee leaves and starts a business in competition with the employer.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Discussions Regarding The Nature Of A Dispute In Conciliation Proceedings May Not Always Be Without Prejudice: A Look At September v. CMI Business Enterprise

    The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a statutory body created for the purposes of addressing employment law disputes through alternative dispute resolution mechanisms.
    South AfricaEmployment and HR
Dentons
Dentons
  • Article

    The Price Of Dishonesty In The Auditing Profession

    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...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Employment Equity – The Need To Be ‘Situation Sensitive’ Is Imperitive When Determining Equality Claims

    The Supreme Court of Appeal recently pronounced on the protracted equality case concerning the grievance of a former police captain, Renate Barnard, who was unsuccessful in applying for a promotion to the position of Superintendent in a specialised unit of the South African Police Service on two occasions, despite it being admitted that she was the best candidate for the position.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    High Court Confirms That Misrepresentation Can Invalidate A Mutual Separation Agreement

    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.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Sexual Harassment: Equal Protection For Male Employees And The Inadequacy Of Informal Resolution

    A South African Labour Court ruling confirms that male employees are equally protected under sexual harassment laws, even when the perpetrator is female. The judgment emphasizes that employers must treat such complaints with appropriate gravity and cannot rely solely on informal resolution mechanisms when serious harassment occurs. This case establishes critical precedents for workplace harassment policies and employer liability.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    South African Labour Court Findings Discourage Section 189a(13) Abuse

    Due to the COVID-19 pandemic, many employers have been embarking on consultation processes applicable to contemplated mass retrenchments as set out in section 189A of the Labour Relations Act, 1995 (LRA).
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

    A recent judgment from the Mpumalanga Division of the High Court provides a critical interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA).
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    The Dangers Of Providing In Employment Contracts That A Dismissal Must Be For A Fair Reason And Follow A Fair Procedure. A Recent Lesson From The Labour Court

    Some employers qualify the termination provisions in their standard employment contracts, by stating that they will only terminate the employee’s employment where a fair reason exists to do so and after following a fair procedure.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Restrictions On A Commissioner To Deal With A Dispute Not Formally Before Him

    Whether the commissioner acted reasonably by applying section 200B of the Labour Relations Act 66 of 1995 ("LRA") to find that the appellants were to be permanently employed by the first respondent.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    When Do CCMA Awards Prescribe? The Situation Where An Arbitration Award Is Not Subject To Review By A Court

    The law relating to the prescription of labour arbitration awards has evolved significantly over the past decade, with courts divided on whether unreviewed awards prescribe after three or 30 years. In Ramatapa v Property Practitioners Regulatory Authority, the Labour Court addressed whether an employer could avoid compliance with a certified arbitration award by claiming it had prescribed...
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    雇主应否对雇员的故意和不当行为付上替代责任?

    在雇佣关系中,替代责任的概念并不少见。事实上,涉及雇主是否可能因其雇员的行为而向第三方承担责任的案件不胜枚举。尤其是涉及金融
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Understanding the impact of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

    Imagine for a moment that an employee has a telephone conversation with a colleague ("X").
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    CCMA Guidelines On Misconduct Arbitrations: Part 5

    This is the fifth, and final, article in a series of articles meant to advise litigants who may have to arbitrate before the CCMA after 1 January 2012, in the face of the new "Guidelines on Misconduct Arbitrations" ("the Guidelines") which were published by the CCMA during September 2011 and which became effective on 1 January 2012.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Sick Leave In South Africa, The Law, The Numbers, And The Cost Of Getting It Wrong (Podcast)

    South African employment law experts examine the statutory sick leave framework, revealing common misconceptions about the three-year cycle entitlement and exploring the staggering economic impact of absenteeism and presenteeism. Through analysis of recent case law, including a viral CCMA decision involving a social media personality, they demonstrate how courts handle sick leave abuse and why medical certificates don't provide absolute protection.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The CCMA's New Guidelines For Misconduct Arbitrations - Part 1

    The CCMA has during September 2011 published a document titled "Guidelines on Misconduct Arbitrations" ("the Guidelines"), which will become effective on 1 January 2012.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 141–156 of 156 results

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