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  • Article

    Arbitration Awards Issued In Terms Of The Labour Relations Act Do Not Prescribe

    On 15 December 2016, the South African Constitutional Court handed down a landmark judgment in Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others, . . .
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Balancing Flexibility And Stability

    The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
Article

Can An Employer Use Replacement Labour Where A Lockout Has Been Instituted But The Strike Has Been Suspended

Whether replacement labour may be used where an employer has instituted a lockout in response to a strike which has subsequently been suspended by the trade union and employees concerned.
South AfricaEmployment and HR
Werksmans Attorneys
Werksmans Attorneys
  • Article

    Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

    A recent Labour Court judgment has provided important guidance for employers navigating remote work arrangements, employee wellness and the handling of sick leave disputes.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Court Finds Current Statutory Family Leave Rules Unconstitutional

    Statutory minimum family leave provisions under the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIA) were recently declared unconstitutional...
    South AfricaEmployment and HR
    WTW
    WTW
  • Article

    Everybody Thinks A Shortened Work Week Will Be Paradise – But Can It Work In SA?

    If you gave attention to the major news outlets of late, you would no doubt have heard that there is a drive to test and consider a 4 day working week.
    South AfricaEmployment and HR
    Barnard Inc.
    Barnard Inc.
  • Article

    Gearing Up For Public Comments On The Employment Services Amendment Bill

    South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Gold Mining Sector Strike Averted – Minority Unions Bound By A Collective Agreement Concluded By Majority Unions

    The increase in membership of the Association of Mineworkers and Construction Union in the Gold mining sector and the resultant competition between it and the National Union of Mineworkers ("NUM") has resulted in an interesting and potentially important decision.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Interpretation Of Employment Tax Incentive Act

    SD9 is published in January each year, applicable from 1 February for 12 months.
    South AfricaEmployment and HR
    Peter Surtees Inc
    Peter Surtees Inc
  • Article

    Is Severance Pay Due If Employees Are Employed On Fixed-Term Contracts

    In our previous article, we discussed the entitlement to severance pay in terms of Section 41 of the Basic Conditions of Employment Act (BCEA)...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Is There Space For Suspended Dismissals In Labour Law?

    It is well established in South African law that disciplinary policies and codes are guidelines aimed at ensuring fair labour practices. At times, a deviation from the disciplinary policy...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Department Raids: Bad Employers, Bad Employers, Whatcha Gonna Do? Whatcha Gonna Do When They Come For You?

    During September 2024, the Department of Employment and Labour ("Department") conducted over 2500 compliance raids in the hospitality sector.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Lessons From Legal Precedent – Allegations Of Victimisation & Dismissal For Union Activities

    In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    National Minimum Wage Increases From 1 March 2025 As New Rates Take Effect

    The Minister of Employment and Labour has announced adjustments to the national minimum wage, which will take effect on 1 March 2025.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Navigating The National Shutdown: A Delicate Balance For Employers And Employees

    The Economic Freedom Fighters' ("EFF") call for a "National Shutdown" on Monday, 20 March 2023 urges businesses to close and employees to stay home from work, leaving employers unsure about their operations and employees.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Sector Targets Could Compel The Mining Sector To Walk The Walk On Diversity, Equity And Inclusion

    In 2020, the Department of Employment and Labour signed the Employment Equity Amendment Bill, 2020 into law to radically accelerate the realisation of transformation.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Restraint Of Trade: Is This Still Enforceable In The Current Climate?

    In the recent case of Bearings International v Veeradu, an unreported case from the Durban Labour Court, a matter was heard on 18 May 2021...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Revised Employment Equity Sectorial Numerical Targets Published For Public Comment

    On 1 February 2024, the Minister of Employment and Labour published draft regulations on the proposed sectorial numerical targets for public comment.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Section 197 Of The Labour Relations Act: A Shield Or A Sword?

    The purpose of section 197 of South Africa's Labour Relations Act, 1995 ("LRA") is to protect and maintain employment in circumstances where a transfer of business takes place. In terms of section 197...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Settlement Agreements And Orders Of Court – An Employee Remedy That Employers Should Be Aware Of

    It is not unusual for an employer and an employee to enter into agreements which result in the employment of an employee being terminated by agreement.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 181–200 of 586 results

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