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  • Article

    "The Constitution Is Supreme" - Trade Unions Must Stay In Their Registered Scope Lane

    In what circumstances can a union represent employees who are not entitled, in terms of the union's constitution, to be members of that union? This question has been considered by our courts in various contexts.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    #FREE Workplace Readiness #COVID19 Webinar

    Join us for an interactive session on getting the workplace ready.
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

What You Don't Know Can Harm You

Research has shown in excess of 80% of serious frauds committed against an organisation are perpetrated by an employee, either alone or in collusion with other employees.
South AfricaCriminal Law
ENS
ENS
  • Article

    #Metoo – What Comes Next?

    It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Brief Overview Of Retrenchments

    South African labour law has a very well-structured approach to assist employers and employees in identifying their rights...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Reminder To Labour Court Litigants – Costs Will Follow The Suit, Sometimes

    It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court ("CC") ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

    The recent decision in PRSS Solution (Pty) Ltd v M G Marara and Others by the Financial Services Tribunal (the Tribunal) underscores the crucial responsibility of employers...
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Age-based Separation Packages: PRASA Ordered To Pay R1.5 Million For Age Discrimination

    A recent Labour Court judgment demonstrates that structuring voluntary separation packages by age, without evidence to justify the distinction, may constitute unfair discrimination under the Employment Equity Act. The case examines whether an employee who accepts a lower age-based package waives their right to challenge it, and explores the limits of contractual agreements in overriding constitutional protections against age discrimination.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Beware The Unintentional Employment Or Co-employment Relationship

    The decision of the South African Labour Court in Electronic Media t/a M-Net v Leon Potgieter and Others presents a cautionary tale on what not to do when dealing ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    CCMA Process

    The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are...
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Constructively Dismissed Or Resigned On Own Volition?

    The concept of "constructive dismissal" has its roots in English law and was adopted by the Industrial Court in the course of the development of the labour law jurisprudence under the...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Disciplinary Enquiries: Procedure, Rights And Obligations Of Employer And Employees

    Employees are expected to conduct themselves according to standards of conduct and regulations prescribed in terms of labour legislation.
    South AfricaEmployment and HR
    Abrahams & Gross Inc.
    Abrahams & Gross Inc.
  • Article

    Dismissing Employees Who Fail To Accept A Change To Terms And Conditions Of Employment

    Can an employer dismiss employees who refuse to accept a change to their terms and conditions of employment?
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employment: Is The Provision Of Membership Forms A Prerequisite For Registered Trade Unions To Obtain Organisational Rights?

    Organisational rights are an important aspect of labour relations. However, the provision of these rights can be a contentious issue, with employers often resisting the efforts of trade unions to secure them.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Expectations Of Permanent Employment

    The use of fixed-term employment contracts has been the subject of contention for many years.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Fishing Outside The Scope Of The Pre-Arbitration Minute

    In a recent ruling, the Labour Appeal Court (LAC) in Mbeje and Others v Department of Health: KwaZulu-Natal and Others [2024] ZALAC underscored the importance
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Is A Reference Letter Worth The Paper It's Printed On?

    Many employees don't fully appreciate the importance of a reference letter and how significantly it can benefit their future job prospects.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Is It Unfair To Dismiss Employees Who Reject Vertical Bumping?

    In Porter Motor Group v Karachi ("Karachi"), the Labour Appeal Court ("LAC") set out the principles of bumping in retrenchments. It held that the Last In First Out ("LIFO")...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Just Dismissal – Unpacking Employment Law In South Africa

    When considering disciplinary action that may lead to an employee's dismissal, an employer has to wrestle with questions of both fairness and "just reasons" in order to successfully exercise...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Navigating Whether A Violent Strike Is Protected – Insights From The Labour Court

    Can a protected strike lose its protected status, and, if so, in what circumstances? This question was considered by the Labour Court in the recent case of African Meat Industry...
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 341–360 of 586 results

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