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  • Article

    Strike Action: The Proper Procedure To Follow

    Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as "the partial or complete concerted refusal to work, or the retardation or obstruction of work, ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Stuck On The Tarmac? The Legal Limits Of The CCMA's Powers And The Right To Appeal

    The recent Labour Appeal Court ("LAC") decision in the dispute between South African Airways ("SAA") and two major unions - the South African Cabin Crew Association...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Suspending Your Employee. The Long And The Short Of It

The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that ‘there is no requirement' for an employer to afford an employee an opportunity to make representations.
South AfricaEmployment and HR
Adams & Adams
Adams & Adams
  • Article

    Suspension "Hearings" In South Africa?

    In a recent decision, MEC for Education, North West Provincial Government v Gradwell, the Labour Appeal Court seemed to have spoken the final word on the holding of a suspension hearing prior to suspending an employee pending a disciplinary investigation (also referred to as a "holding suspension").
    South AfricaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Symptoms Of Withdrawal

    The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    The Importance Of Employer Registration With Bargaining Councils

    In South Africa, labour relations are intricately shaped by the presence and influence of bargaining councils. These councils are pivotal in specific industries...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Psychology Behind The Dismissal: Labour Court Dismissal And The HPCSA

    In a Labour Court matter that highlights the delicate balance between ensuring compliance with professional registration requirements and acknowledging the potential administrative challenges posed by external statutory bodies, a significant judgment was handed down on 12 July 2024.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Trade Union Liable For Neglecting To Prosecute Members' Claims – Constitutional Court

    On 9 October 2013, the Constitutional Court held that a trade union cannot avoid liability for its neglect to prosecute claims by its members merely because the union has a constitutional right to determine its own administration.
    South AfricaEmployment and HR
    DLA Cliffe Dekker Hofmeyr
    DLA Cliffe Dekker Hofmeyr
  • Article

    Unpacking Sexual Harassment In The Workplace

    Sexual harassment, a violation of human rights and a form of sex discrimination, is costly to employees in the workplace. Although many countries have legislation governing sexual harassment
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    What Process Needs To Be Followed To Resolve Disputes At Industry Level?

    Collective Bargaining has become an integral part of labour relations in South Africa. Industry Level Collective Bargaining occurs when organised...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

    Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Coronavirus: Legal Update

    In the context of the Coronavirus outbreak worldwide, business and entrepreneurs are busy developing strategies and practical ways to mitigate and manage the risks associated with disruption...
    South AfricaInsurance
    ENS
    ENS
  • Article

    Labour Court Reaffirms That Strikes Over Issues Regulated By Collective Agreements Are Unprotected

    Over time, SAA has entered into various collective agreements with various trade unions.
    South AfricaTransport
    ENS
    ENS
  • Article

    An Arrested Employee Is Not A Get Out Of Jail Free Card For The Employers

    Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Let's Negotiate – Tips For Employers To Improve Their Negotiating Skills

    Negotiating, or being a good negotiator for that matter, is a skill many may claim to possess but that few truly possess.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Section 34 Deductions: Can Salaries Erroneously Paid To Striking Employees Be Recouped?

    Section 34 of the Basic Conditions of Employment Act, 1997 ("BCEA") prohibits an employer from making a deduction from an employee's remuneration unless this is by agreement...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Trade Unions, Freedom Of Association And Unfair Dismissals Under The Labour Relations Act

    In terms of section 18 of the Constitution of the Republic of South Africa, 1996 everyone has the right to freedom of association.
    South AfricaEmployment and HR
    Kemp & Associates
    Kemp & Associates
  • Article

    What Are Employees' And Employers' Rights And Obligations In Terms Of Sick Leave In South Africa?

    The Basic Conditions of Employment Act, No 75 of 1997 ("the BCEA") gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution of the Republic of South Africa
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Developments In TERS #COVID19

    The COVID-19 nationwide lockdown has brought about various emergency measures which for the most part are unknown territories to South Africans
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    3 Factors Driving Southern Africa's Salary Budgets

    Economic uncertainty, a fierce competition for talent and changing expectations from the workforce have hit Southern African organizations and pushed employers...
    South AfricaEmployment and HR
    WTW
    WTW
  • Showing 241–260 of 586 results

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