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  • Article

    Are You Chasing Peak Organisational Performance? Consider These 3 Focus Areas

    South Africa is a multicultural, dynamic, and ever-evolving country. This translates into the work environment that presents itself with its own unique challenges. Consequently, businesses...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Chief Magistrate’s Removal Set Aside After Nine Out Of 13 Misconduct Findings Fall Away

    When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.
    South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    Constructive Dismissal And Mental Health: Employer Rights

    Allegations of constructive dismissal are often the culmination of a series of incidents and events involving an employee and the employee's immediate managers or supervisors.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    COVID-19: Can Mandatory Vaccination Policies Be Arbitrary?

    The Labour Court has handed down an interesting decision concerning an allegation of an automatically unfair dismissal claim arising from an employer's vaccination...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Does An Employer Have An Obligation To Contact A Trade Union Official Prior To Dismissing Unprotected Strikers?

    In the recent case of Roberts Brothers Construction v NUM obo Stimele and Others, the Labour Appeal Court dealt with an aspect of item 6(2)
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Get HR Affairs In Order, Or Face The Consequences Of The Broadened Basic Conditions Of Employment Act, Warns Werksmans Attorneys

    Broadened application of the provisions in the Basic Conditions of Employment Act could have major consequences for business - particularly in sectors such as agriculture.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Guidelines For Disciplinary Hearings In The Workplace

    Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    How Enforceable Is The Polygraph In Modern-Day Proceedings?

    A polygraph test, better known by the general public as a "lie detector test", is used in labour proceedings by the employer to assess the truthfulness of an employee on the events in question.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Just Because Some Employees Are On Strike Doesn't Mean That All The Employees Are On Strike

    The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Lessons From Legal Precedent: Fraudulent Medical Certificates

    Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    New BCEA Threshold And Increase In National Minimum Wage

    Two recent developments in employment law are important for employers to bear in mind.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings

    A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Not Hired For Having Tattoos: Fair Or Trumped Up?

    On 22 January 2025, in an interview with Sean Hannity, President Donald Trump shared a controversial view not entirely unfamiliar in the South African political space.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Occupational Health And Safety Draft Lead Regulations | Invitation To Submit Written Comments

    The Minister of Employment and Labour issued Notice No. R.4437, published in Government Gazette No. 50203 on 1 March 2024. The notice invites interested and affected parties...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Oh No, The Board Resolved That We Must Retrench Employees, Does That Mean Those Dismissals Are Already Unfair?

    For many a human resources manager and in-house legal counsel, the language of the resolution taken at a board meeting or recorded in the minutes of that meeting in respect of the need to embark upon a retrenchment exercise is a cause for concern.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Plant-Level Negotiations

    Plant-level negotiations can best be described as formal discussions between Employers and Employees who have different aims or intentions, particularly in the workplace, during which they try to reach an agreement.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    "Promotions" In The Context Of Retrenchment Proceedings

    The South African Labour Court, in Telkom SA Ltd v Commission for Conciliation, Mediation & Arbitration & Others, had to determine whether a failure by Telkom to appoint an employee into a more senior position ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Regulating Employee Conduct While Working Remotely

    A new dawn has come in the world of employment where many South African employees are required to work from home as a measure to curb the rapid spread of the new life threatening...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Remote Working Challenges To Traditional Employment Contracts

    Before the COVID-19 pandemic accelerated the transition to remote working capabilities, an employment contract would often refer to an employee's ‘place of work'.
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Safeguarding The Enforceability Of Settlement Agreements

    In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Showing 141–160 of 586 results

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