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  • Article

    Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

    The Constitutional Court has confirmed that South Africa's parental-leave regime in the BCEA unfairly discriminated between different kinds of parents and has ordered a temporary "reading-in"...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Pharmaceutical Sector Workers Prohibited From Embarking On Strike Action

    On 14 April 2022, the Essential Services Committee ("ESC") designated employers and workers engaged in the manufacture, supply and distribution of vaccines and/or biologicals, anaesthetics, antiretrovirals...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Polished Complaints, Cloudy Truths: AI-generated Grievances In The Workplace

Modern Human Resources ("HR") teams are witnessing a new phenomenon: employee grievances drafted by artificial intelligence. Tools like ChatGPT enable workers to produce complaint letters...
South AfricaEmployment and HR
ENS
ENS
  • Article

    Power Play And Strikes

    Can a union or employer resort to power play to resolve a wage dispute after negotiations have broken down?
    South AfricaEmployment and HR
    Routledge Modise
    Routledge Modise
  • Article

    Rescissions During The Festive Period

    The festive season is a time of joy and celebration. However, while you might enjoy some time on the beach with your family and friends...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The BBC Scandal: Mismanagement Of Manipulation In The Workplace

    In November 2025, the British Broadcasting Corporation ("BBC") found itself at the epicentre of a global media storm. The scandal, which culminated in the resignation of Director-General...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Employment Equity Act And Its Relationship With South African Legislation

    South Africa is one of the world's most culturally, racially, and economically diverse countries. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the Employment...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Legal Paths And Pitfalls Of Mass Dismissals: The Interplay Between Misconduct, Poor Performance And Retrenchments. What Route Can An Employer Take?

    In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The SAA Lockout Case Trilogy

    On 5 December 2019, SAA was placed in business rescue. On 14 July 2020, a business rescue plan was published to turn around SAA and make it a profitable and self-sustaining airline.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Unions May Litigate On Behalf Of Employees In Sectors Falling Outside The Scope Of Their Constitution

    The South African Labour Appeal Court ("LAC") recently handed down a judgment in the matter between the National Union of Metal Workers of South Africa...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Should The Labour Court Intervene In A Retrenchment Process?

    Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Withdrawal Of An Offer Of Employment – Is That A Dismissal?

    The question is really – when does the employment relationship start? In my view, the start of the relationship is often blurred on receipt of an offer – before it is accepted.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Zero Tolerance Disciplinary Offences

    The application of zero tolerance policies has become something that employers, particularly in work environments that require the utmost safety compliance, use to ensure that safety standards are adhered to.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Conciliation Proceedings: No Show For The Respondent!

    The Labour Relations Act, 66 of 1995 (the LRA), created the CCMA as a statutory body to provide informal and straightforward processes for dispute resolution.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Can Employees Directly Approach The Labour Court For An Unlawful Deduction Claim Under Section 34 Of The BCEA?

    This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA).
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Retrenchment And Employment Related Claims Post #Lockdownsa – Prepare Your Business

    Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    COVID-19 May Not Be Killing Your Employees, But It Could Be Killing Your Business. Is Retrenchment An Instant Option?

    South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently...
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Is It Payback Time? Audits Of Government-Funded COVID-19 Relief In South Africa

    In June 2020, governments around the world were centrally concerned with two issues: (1) what precautions to take to stem the ever-rising tide of COVID-19 cases
    South AfricaCoronavirus (COVID-19)
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Automatic Termination Clauses – Problematic Clauses In Employment Contracts

    Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Can An Arbitration Award Arising Out Of A Settlement Agreement Be Rescinded?

    Section 143(1) of the Labour Relations Act, 1995 ("LRA") stipulates that an arbitration award issued by a commissioner appointed by the Commission for Conciliation, Mediation and Arbitration ("CCMA")...
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 361–380 of 586 results

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