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  • Article

    A Bridge Too Far: When Disciplinary Shortcuts Become A Breach Of Contract

    The Labour Court in Durban recently addressed the boundaries of an employer's power to expedite disciplinary proceedings at the expense of contractual obligations.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    A Precipitous Move

    When employers inappropriately impose the normal retirement age of 65. Slabbert v Muji Motor Group (Pty) Ltd (2024) 45 ILJ 2817 (LC)The above matter came before the Labour Court as an automatically unfair dismissal.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
Article

Appointing A Third-Party Arbitrator Before Resorting To Dismissal

Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA).
South AfricaEmployment and HR
SchoemanLaw Inc.
SchoemanLaw Inc.
  • Article

    Beware! The Agents Are Coming!

    Section 213 of the Labour Relations Act defines a collective agreement as...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Can Employers Sue For Financial Losses Incurred During A Protected Strike?

    The possibility of strikes, whether protected or unprotected, is an ever-looming threat to South African businesses. These strikes almost always result in some form of financial...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Common Purpose Doctrine Strikes Again: Labour Court's Judgment On Collective Misconduct In Protected Strikes

    In National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others Casual Workers Advice Office...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constructive Dismissal: What Do I Need To Know?

    Employees often find themselves in employment conditions that are difficult to deal with. However, how does one mark the difference between difficult employment conditions and employment conditions...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Dealing With A Failure To Comply With Simple Instructions – The Naicker Case

    It is every employer's wish to build and maintain a great, enjoyable and productive work relationship the employees.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Exemptions To The National Minimum Wage Act

    The National Minimum Wage Act (NMWA) represents a significant step towards ensuring fair pay and improving living standards for workers in South Africa.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Harvesting Rights

    In the South African landscape, the conditions of employment are contained in the Basic Conditions of Employment Act (BCEA).
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Important Constitutional Court Judgment On The Extension Of Collective Agreements To Members Of Minority Unions

    The Chamber successfully interdicted the strike on the basis that AMCU was bound by the collective agreement.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Information Technology Outsourcing And The Application Of Section 197 Of The Labour Relations Act

    Over the years, outsourcing of information technology services has become standard practice for most large scale companies. Outsourcing involves a service provider's employees performing...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Lesotho's Updated Labour Act – Promoting Fair Labour Practices And Equitable Employment Relations In Line With Global Standards

    Lesotho has enacted the Labour Act, 2024 ("the Act"), which consolidates all labour and employment laws in the country. The Act came into force on 2 April 2024 and repeals the Labour Code Order, 1992 ("the Labour Code").
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Load-shedding And Lockdown: Do Employers Still Need To Pay Employees Even When The Business Can't Operate?

    Heavy restrictions placed on business operations in South Africa under the Disaster Management Act ("DMA") during the COVID-19 pandemic meant that many employers were unable to work and...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Minimum Wage And Earnings Threshold Set To Impact South African Employers

    South African employers need to be aware that the minimum earnings threshold and national minimum wage have been significantly increased by the Minister of Employment and Labour...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    No Quick Fix: When Strikes Become Violent

    Earlier this year the Labour Court heard an urgent application brought by SA Container Depots (SACD), a freight-handling company that operates, among other sites...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    POPIA Regulations And Guidelines To Develop Codes Of Conduct

    The majority of the substantive provisions of POPIA came into effect on 1 July 2020. Organisations were, however, afforded a 12-month grace period to ensure compliance with POPIA by 30 June 2021.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Provident Fund Contributions And The Labour Relations Act: Tribunal Reaffirms Employers Statutory Obligations

    When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal ("the Tribunal")...
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Sharing The "Maternal" Or Rather The "Parental" Responsibility

    In a groundbreaking decision, the Johannesburg High Court recently rendered a pivotal verdict in the case of W van Wyk and others vs. the Minister of Employment and Labour...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    South African Constitutional Court Ruling: What Does It Mean For Employees Of Temporary Employment Services?

    It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 221–240 of 586 results

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