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  • Article

    Labour Appeal Court Rules That A Zero-Tolerance Policy For Cannabis In The Workplace Violates Privacy Rights And Constitutes Unfair Discrimination.

    In the matter between Bernadette Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd, the Labour Appeal Court ("LAC") dealt with an appeal from the Labour Court ("LC").
    South AfricaCannabis & Hemp
    ENS
    ENS
  • Article

    Personal Data Off Limits? Employee Privacy And The COVID-19 Vaccine

    As employers consider whether and how to implement a COVID-19 vaccination policy in the workplace, their employees' privacy is also an important consideration that should be front of mind.
    South AfricaCoronavirus (COVID-19)
    ENS
ENS
  • Article

    Trump Rolls Back DEI, South Africa Must Stay The Course On Inclusion

    At his inauguration on 20 January 2025, the President of the United States, Donald Trump, espoused some controversial views on transformation.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    "A Bonus For Striking Employees"

    South African labour legislation does not impose obligations on an employer to pay bonuses to its employees, the right must have, by agreement – tacitly or impliedly – formed part of the terms and conditions of employment, ...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    A Union's Duty To Consult: The Labour Court's Disapproval Of Delaying Tactics And Obstructive Behaviour

    Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Can A Positive Covid Test Get You Fired?

    With the unexpected emergence of the COVID- 19 pandemic, many South Africans were caught off guard and left uncertain about how this pandemic would impact the workplace and the employer-employee relationship.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    CEPPAWU Under Court Ordered Administration

    The South African Labour Court recently placed the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union ("CEPPAWU") under administration in terms of section 103A...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Damned If You Don't Vaccinate: The CCMA Considers Mandatory Vaccinations

    In this article, our employment team briefly canvasses two recent CCMA awards dealing with the contentious issue of workplace vaccinations...
    South AfricaEmployment and HR
    Tabacks
    Tabacks
  • Article

    Dealing With Workplace Problems: Choose Wisely

    When dealing with a workplace issue, an employer should be careful to identify the problem in question correctly so that the appropriate steps are taken.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Dismissals With Immediate Effect: A Different Approach

    In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned "with immediate effect".
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Dismissed For Using Cell Phones At Work

    The ubiquitous use of cell phones in modern society has meant that employers have, in certain circumstances, deemed it necessary to introduce policies and disciplinary rules...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Hard Lessons: Retrenched For Not Having A Master's Degree

    Typically, when an employer seeks to justify the fairness of a dismissal based on its operational requirements they are doing so in the context of a retrenchment...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    High Stakes - Managing Cannabis Use And Discipline In The Workplace

    In Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton 2018 (10) BCLR 1220 (CC) (Prince)...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Investigating Criminal Networks: When To Pull The Trigger On Discipline

    Major corruption schemes are rarely uncovered through a single piece of evidence, but rather through the accumulation of small, interconnected facts that reveal larger networks of misconduct. This article examines the strategic challenge organisations face when deciding whether to take immediate disciplinary action against an implicated employee or continue monitoring to expose the full extent of a corruption network. It explores how relationship mapping and coordinated investigation approaches can help org
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Must An Employee Pay The Costs For The Transcribed Record In A Review Application?

    The Rules of the Conduct of Proceedings before the Labour Court ("Labour Court Rules") require an applicant to furnish the record of the arbitration proceedings that the applicant seeks to review and set aside.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Labour Court And Labour Appeal Court Rules Gazetted

    On 03 May 2024, the Acting Judge President's office for the Labour and Labour Appeal Courts announced the gazetting of revised rules.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    No Slaves For Fashion: The Case For Ethical Labour Practices

    Poor treatment of workers, poverty wages and unsafe working conditions, for the sake of affordable clothing or company profits, have plagued international headlines recently.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Protection Of Personal Information Act FAQs

    How does POPIA impact employers? POPIA regulates the processing of personal information of data subjects by responsible parties.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Reinstatement: A Remedy For Unfair Dismissal And Unfair Labour Practices

    Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
    South AfricaEmployment and HR
    Abrahams & Gross Inc.
    Abrahams & Gross Inc.
  • Article

    Restraint Of Trade After Dismissal: Labour Appeal Court Clarifies Enforceability

    The Labour Appeal Court in the latter part of 2025 provided important guidance on the enforceability of restraint of trade agreements following the dismissal of an employee for misconduct.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 301–320 of 586 results

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