156 results found

Salary incentives is one of the mechanisms usually used by employers to reward their employees for their performance and productivity. Employees who perform well get incentives such as an increase, ...

People are revolting. Some people protest about the violence against women but others are just plain revolting.

Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena).

In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges.

The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers' burden of proof, the value of witness testimony, and the consequences of failing to produce a witness?

When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences.

In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.

The Employment Equity Act 55 of 1998 (EEA) was established to achieve equity in the workplace through the elimination of unfair discrimination and the implementation of affirmative action measures.

A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...

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.

In the recent case of Harding v Petzetakis Africa (Pty) Ltd (2011) 20 LC 8.29.3, it was held that an employee’s dismissal was automatically unfair when she was dismissed for refusing to carry out her employer’s instruction to dismiss two employees.

In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.

The Commission for Conciliation, Mediation and Arbitration ("CCMA") has jurisdiction to hear certain employment disputes where the employee involved works outside of South Africa.

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.

In the recent case of Apollo Tyres SA (Pty) Ltd v NUMSA & Others (2012) ZALCCT 6 LC, it was confirmed that employers may unilaterally change the shift patterns of those employees who were not party to a collective agreement, but not of those who were.

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...

More likely than not, a vast majority of employment contracts these days contain a restraint of trade clause.