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The Labour Relations Act ("LRA") provides for an agency shop agreement between an employer and a union (or a group of unions acting collectively) that holds majority representation in a workplace.

In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee

Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act ...

The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving locums.

The employer found the employee to be performing poorly and replaced his salary with a commission structure.

It has become quite common in arbitration proceedings that the Applicant would raise the point that the trust relationship between the employer and employee...

The Fourth Industrial Revolution (4IR) has catalysed a shift towards freelancing and independent contracting, emphasising the need to examine Section 200A of the Labour Relations Act (LRA)...

According to the Commission for Conciliation, Mediation and Arbitration as well as the Labour Relations Act 66 of 1995 an Independent Contractor is paid to render a particular result or service and is not subject to ...

A deliberate refusal to comply with a reasonable and lawful instruction can constitute a form of misconduct, known as insubordination, and can lead to a disciplinary hearing.

Implementing disciplinary policies, codes of conduct, and procedures is not merely best practice – it's a legal necessity.

The Essential Services Committee has expanded the designation of essential services at tailings dams beyond the narrow 2018 framework, to include personnel involved in construction, maintenance, risk management, monitoring and hydro mining operations.

The Johannesburg High Court recently delivered a judgment in an application for leave to appeal by the State Attorney against Viwe Notshe SC ("Mr Notshe") and the Solicitor-General of South Africa ("Solicitor-General").

Workplace disputes are not always about misconduct or poor performance. Sometimes the difficulty lies in something far less tangible: the breakdown of workplace relationships.

As most employers are aware, s 21 of the Employment Equity Act, 1998 places an obligation on designated employers to submit an annual Employment Equity Report to the Department of Labour.

In several recent Labour Court decisions, Judges have expressed their displeasure with the failure by applicants in review applications to comply with the Labour Relations Act,1995...

When the initial 21-day nationwide lock down was announced by President Cyril Ramaphosa in March 2020, the financial impact on South African Employers and Employees at that stage had not yet been evident to the extent that it is now as we enter the final days of what seemed to be the never ending month of April 2020.

A contagious disease known as Coronavirus or COVID-19 ("the Virus") was first detected in China in December 2019 and has since regrettably spread worldwide. The World Health Organization ("the WHO")