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  • Article

    Sour Lessons From The "Lemon Juice" Case: How To Sweeten Fair Dismissal Practices For Employers

    The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    South African Employers: Are Your Employees As Excited About The COVID-19 Vaccine As You Are?

    The government's recent announcement of its plan to roll-out the Coronavirus (COVID-19) vaccine nationwide has triggered many questions and concerns, highlighting a collision of seemingly...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Temporary Employment Services: An Important Decision

Amendments to the Labour Relations Act, 66 of 1995, which came into force in January of this year, introduced important and controversial provisions dealing with temporary employment services, commonly known as labour brokers.
South AfricaEmployment and HR
ENS
ENS
  • Article

    Temporary Employment Services: The Labour Appeal Court Decides

    The most important of these provisions is found in the newly-enacted section 198A.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The ABC's Of Tes: Understanding The Deeming Provision

    Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Disadvantage Of NOT Being Granted Legal Representation At Arbitration

    It is common, most of the employment disputes at the CCMA or Bargaining Councils are disputes relating to dismissal for employee's conduct.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Employee's Right To Process Personal Information In CCMA Hearings

    One of the objectives of the Protection of Personal Information Act, 2014 ("POPIA") is to promote the right to privacy enshrined in the Constitution.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The LAC Confirms Labour Court's Jurisdiction In Employer's Claim Against Trade Union For Unlawful Conduct During A Protected Strike.

    Employers who suffer loss as a result of the actions of their employees and supporters during the course of a protected strike are entitled, in principle at least...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Landmark Parental Leave Judgment: Cementing All Classes Of Parents As Equal Participants In Their Children's Lives

    ​​On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Time Stands Still For Arbitration Awards

    After much conflicting decisions, the relationship between the Prescription Act, 1969 and the Labour Relations Act, 1995...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Time To Set The Record Straight – An Analysis Of A Commissioner's Mindset In Default Awards

    We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA).
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Union Liability For Unprotected Strikes And Acts In Furtherance Thereof

    Two recent Labour Court decisions have highlighted the duty of trade unions and their officials to act to prevent unprotected strikes and unlawful actions during the course of a strike.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Will Operational Requirements Justify The Dismissal Of Employees Who Reject An Employer's Demands To Amend Terms And Conditions Of Employment?

    In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Work-Back To The Future: Securing Tomorrow's Talent Today

    In the coming years, Gen Z will dominate the world's workforce. Employers looking to draw in and retain future talent are fast discovering...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    South African Human Rights Commission Identifies Issues With Affirmative Action And Employment Equity Provisions

    In its report, the Commission highlighted the following issues.
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    The Certificate Of Need Scheme Struck Down: Constitutional Court Confirms Invalidity Of Sections 36 To 40 Of The National Health Act

    The Constitutional Court has struck down key provisions of the National Health Act that would have required health establishments and practitioners to obtain certificates of need before providing prescribed services.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    Who Is Allowed To Embark On A Strike When Parties Reach A Deadlock At National Level?

    The Labour Relations Act (LRA) defines a strike as "The partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Breaking The Mould: Constitutional Court's Landmark Parental Leave Ruling

    In the landmark judgment of Van Wyk & Others v Minister of Employment and Labour, handed down on 3 October 2025, the Constitutional Court unanimously confirmed that the provisions...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    HIV Positive Employees And Prospective Employees

    South Africans who are positively diagnosed with HIV (human immunodeficiency virus) have long been discriminated against in ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Platform Work Moves Up South Africa’s Labour Law Reform Agenda

    South Africa's Department of Employment and Labour has briefed Parliament on regulatory gaps in the digital platform economy, signaling potential sector-specific interventions that may emerge before broader labour law reforms take effect in 2028. The briefing addresses worker classification, algorithmic management, and social protections for platform workers in e-hailing, delivery, and courier services.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 321–340 of 586 results

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