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  • Article

    The Enforceability Of Restraint Of Trade Clauses In The Current Legal Environment

    In the case of Epic Outdoor Media Sales (Pty) Ltd v Terrance Paterson and Network X (Pty) Ltd, judgment was handed down on 18 March 2024, by the Gauteng Division of the High Court, Johannesburg.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Great Balancing Act. Mastering The Risks And Rewards Of AI In Your Business

    Artificial Intelligence (AI) is the hot new hire in businesses worldwide, and if you're an ambitious entrepreneur in South Africa, you've likely caught on to the trend. Particularly in the realms of labour relations...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
Article

The Limits Of Trade Union Representation

The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents...
South AfricaEmployment and HR
Consolidated Employers Organisation
Consolidated Employers Organisation
  • Article

    The Plague Of Delay Tactics In Disciplinary Hearings And Frivolous Court Applications.

    In George v Nyoka and Others, the Labour Court was confronted with yet another attempt by an employee to avoid and delay his disciplinary hearing.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Timing Is Everything In The Labour Court: Dismissing A Claim Due To Inordinate Delay

    In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    UIF And Covid-19: How To Ensure You Meet Your Obligations As An Employee And Employer

    The Covid-19 pandemic that emerged early in 2020 shook the entire world into a recession and resulted in massive economic strain due to the nationwide lockdown.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Unfairly Barred From Employment Because Of A Criminal Record

    Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Unravelling Urgent Interdicts And Labour Strikes In South Africa: A Balancing Act Of Rights

    Historically, labour strikes within the mining and construction sectors have frequently emerged from contentious issues revolving primarily around wages, working conditions, and job security.
    South AfricaEmployment and HR
    Tiefenthaler Africa
    Tiefenthaler Africa
  • Article

    Victory Against HIV Discrimination

    According to Statistics South Africa (Stats SA) 2019 mid-year population estimates for 2019, around 18,7% of South Africans aged 15 to 49 years are HIV positive
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    When Can The Labour Court Make A Settlement Agreement An Order Of Court?

    To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee's employment and pay them a sum of money.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Workplace Safety: Is It A Disciplinary Offence To Come To Work While Sick?

    In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court ("Court") was called upon to determine whether, amongst others...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    A Million Rand's Worth Of Reasons To Avoid A Contempt Of Court Order

    The act of contempt may manifest itself in various forms by parties during the processes of the CCMA and Bargaining Councils.
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Enforcing CCMA Awards Without Further Referrals Explained

    Employees already have to endure a lengthy and often protracted journey to reach the oasis of a Commission for Conciliation, Mediation and Arbitration (hereinafter ‘CCMA') award in their favour...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient

    The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Let's BeReal: The Information Security Risks In The BeReal App

    The has been around for a few years but its popularity has surged in the past year.
    South AfricaPrivacy
    ENS
    ENS
  • Article

    The Admissibility Of Interception Or Recording Of Communications

    Many of us find ourselves in precarious situations where we feel it is necessary to record conversations, mainly to be used as proof against the other person for various reasons.
    South AfricaPrivacy
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Can Your Employer Tell You How To Dress?

    There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Lock-Outs: Tit For Tat Or Just Tat?

    The right to strike is enshrined in section 23 of the South African Constitution and regulated in some detail in the Labour Relations Act, 1995 ("LRA").
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Benefits Of Having An Employment Equity Plan In Place

    Employment Equity ensures that suitably qualified individuals from designated groups (previously disadvantaged and those discriminated against in the past)...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    When Can We Expect To See The New Labour Laws Come Into Operation?

    Most employers will be aware that changes to our existing labour laws have been proposed for a long time now.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 281–300 of 586 results

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