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  • Article

    ConCourt Rules On 2018 Public Service Wage Deal: No Clear Way Forward To Unscramble The Proverbial "Egg"

    On 28 February 2022, the Constitutional Court handed down judgment in National Education Health and Allied Workers Union v Minister of Public Service and Administration and Others ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

    The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.
    South AfricaEmployment and HR
    Fairbridges
Fairbridges
  • Article

    Dismissal For Refusing To Vaccinate Against COVID-19

    The South African government's official website indicates that the country has 46.2% of its adult population (over 18 years of age) vaccinated.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Does The Institution Of A Review Application Interrupt The Running Of The Prescription Period?

    If the review application was unsuccessful, the employee would seek to enforce the award.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employment Equity Demographics: Going National Or Staying Regional?

    In the recent Labour Court judgment in Solidarity and Others v Department of Correctional Services and Others, the Department of Correctional Services ("DCS") was ordered to take immediate steps to ensure that, instead of taking into account only the national demographics of designated groups when setting employment equity targets at all occupational levels of its workforce, it take into account both national and regional demographics
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Enforcing Restraint Of Trade Rights After Dismissal

    The recent ruling in Backsports (Pty) Ltd v Motlhanke and Another provides important lessons for employers seeking to enforce restraint of trade clauses. While the judgment raises questions over the enforceability...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Facts Matter: Understanding Automatically Unfair Dismissal On Religious Grounds

    Although South African employment legislation seeks to prohibit direct and indirect discrimination in the workplace, the interplay between discrimination...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    How Reasonable Is A Restraint Of Trade Clause In An Employment Contract?

    Our Constitution, directs that we all have the right to freedom of trade.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Just A Spoonful Of Sugar | When Guessing Doesn't Pay

    In a recent Labour Court decision, Shoprite Checkers (Pty) Ltd v Godfrey Makaloi and 2 Others, the complexities of workplace misconduct
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    May Unpaid Suspension Be Imposed Due To An Employee's Dilatory Conduct During Disciplinary Proceedings?

    There are currently two types of suspension recognised in our law, precautionary and punitive suspensions.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Ruling: Section 197 Does Not Guarantee Job Security And Commercial Realities Must Be Considered

    Section 197 of South Africa's Labour Relations Act, 1995 ("LRA") provides that, if there is a transfer of a business as a going concern, the contracts of employment between the transferor...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Putting The "Claws" Into A Restraint Of Trade

    In an increasingly competitive business landscape, one of the most common legal tools to protect a company's trade secrets, confidential information, and customer relationships, is a restraint of trade clause.
    South AfricaEmployment and HR
    Barnard Inc.
    Barnard Inc.
  • Article

    Refusal To Work Overtime Does Not Amount To Insubordination

    At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services ...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Selection Criteria For Retrenchment: The Fair And Objective Requirement

    If this is the case, may an employer instead use selection criteria that contain an element of potential subjectivity?
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Sometimes, Goodbyes Don't Cost A Thing

    In terms of Section 41(4) of the Basic Conditions of Employment Act (BCEA), an employee who is dismissed for operational requirements is not entitled to severance...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Coronavirus: Employment Law Update Following President Ramaphosa's Speech

    In light of South African President Cyril Ramaphosa's speech on the country's response to the Coronavirus last night, there are a number of new questions that we anticipate will be plaguing employers.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Doctrine Of Common Purpose In Strikes

    An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Undue Delay In Prosecuting Review Applications: A Cautionary Tale

    Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Unions Carry Liability Over Behaviour Of Strikers

    Any strike action that members of a trade union embark on has to comply with statutory requirements as set out in the Labour Relations Act.
    South AfricaEmployment and HR
    Routledge Modise
    Routledge Modise
  • Article

    What Is Required From Employers For Night Shift Employees?

    Mr Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 381–400 of 586 results

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