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  • Article

    Streamlining Disciplinary Procedures: Lessons From Legal Precedents

    In a notable judgment from the Labour Court of South Africa, the case of Mark Strydom v ArcelorMittal South Africa (J 1764/2023) has captured the attention of legal and labour relations experts.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Suspension vs Special Leave: A Rose By Any Other Name…

    The recent decision by the Road Accident Fund ("RAF") to rescind its initial decision to place its CEO on special leave, replacing it with...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Temporary Employment Services And Organisational Rights

Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation...
South AfricaEmployment and HR
Consolidated Employers Organisation
Consolidated Employers Organisation
  • Article

    The Automatic Transfer Of Employees In South Africa When Outsourcing Or Insourcing

    It can be challenging to determine definitively whether a particular outsourcing arrangement triggers section 197 of the Labour Relations Act No. 66 of 1995 ("the LRA")...
    South AfricaEmployment and HR
    Andersen in South Africa
    Andersen in South Africa
  • Article

    The New Earnings Threshold: How The Increase Will Impact Employers And Employees

    Most employees are blissfully unaware of the new "earnings thresholds" upliftment and how it can positively affect them.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Pitfalls To Avoid During The Implementation Of Fixed-Term Contracts

    In terms of Section 198B(1) of the Labour Relations Act (LRA), a fixed-term contract is defined as "a contract of employment that terminates on the occurrence of a specified event...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Triumph For Employee Rights In 197A Transfer Case

    In a significant victory for a group of twelve employees, the Constitutional Court recently refused an application for leave to appeal in a case concerning the transfer of business as a going concern under Section 197A of the Labour Relations Act (LRA).
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    What Constitutes A "Benefit" In Terms Of Section 186(2) Of The Labour Relations Act?

    Section 186(2)(a) of the Labour Relations Act 66, 1995 ("the LRA") provides, inter alia that the unfair conduct of an employer relating to the demotion of an employee or relating to the provision...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Work And Whatsapp:

    We all loved WhatsApp when it first arrived; convenient and cheap messaging was here and it was here to stay.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Show Up To Your Arbitration Or Face The Consequences

    Section 138(5) of the South African Labour Relations Act, 1995 specifies that, if a party referring a dispute to arbitration (an "applicant") fails to attend the arbitration, the arbitrator may dismiss the matter.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Importance Of Mediation In Resolving Disputes And Rule 41A

    Prior to the COVID-19 pandemic, there were long court delays, and despite this, very few South Africans considered mediation. However, with the limitations on movement and the increased risk posed to court employees and the public by the COVID-19...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Why Am I Being Asked To Settle My CCMA Case?

    As an Employer in South Africa, you may have received a call from an Official requesting your mandate to settle a dispute referred to the Commission for Conciliation, Mediation, and Arbitration (CCMA).
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Forging Steadfast Legal Strategies For Southern Africa's Evolving Construction Landscape

    The construction industry in Southern Africa is witnessing significant transformations, driven by urbanisation, infrastructure development and steady economic growth.
    South AfricaReal Estate and Construction
    Tiefenthaler Africa
    Tiefenthaler Africa
  • Article

    Client Alert: How One Missed Step Sank A Whistle-Blower Dispute

    The Labour Appeal Court (LAC) has overturned a Labour Court (LC) decision because the employee skipped the mandatory conciliation step under section 191 of the LRA.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Long Awaited Amendments To The Labour Relations Act (LRA) Published

    The long awaited amendments to the LRA were finally published on Monday 18 August 2014.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Retrenchment Without A Section 189(3) Notice Found To Be Fair

    Section 189(1) of the Labour Relations Act ("LRA") requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Understanding The Law As It Relates To Promotions At Work

    Disputes relating to promotional disputes are covered by unfair labour practices as defined in the Labour Relations Act 66 of 1995 (as amended) ("the Act"). Section 186(2) of the Act sets out the ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    What Steps Need To Be Followed Upon Receipt Of The Trade Union Demands?

    It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Scramble For Talent For Professional Services As African Economy Heats Up

    With Africa increasingly being perceived as a key market for companies looking for growth opportunities, local professional services firms are building capacity, recruiting key personnel and expanding their footprints in order to enable them to service existing and potential clients moving into the continent
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    A Lucky Escape, Or Not So Much: Resigning With Immediate Effect To Avoid Disciplinary Action

    In the same vein, the employer may wish to proceed with disciplinary action even where the employee renders resignation with immediate effect.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Showing 161–180 of 586 results

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