164 results found

We previously discussed the potential pushback employers might face in imposing a COVID-19 vaccination policy but is pushback where it ends?

It is commonplace that before an employer makes a punitive or non-punitive decision against an employee, a disciplinary hearing is one of the requirements to ensure that the outcome is affected according to a fair procedure.

In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand...

A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency."

When employers inappropriately impose the normal retirement age of 65. Slabbert v Muji Motor Group (Pty) Ltd (2024) 45 ILJ 2817 (LC)The above matter came before the Labour Court as an automatically unfair dismissal.

What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come...

Workplace disputes are not always about misconduct or poor performance. Sometimes the difficulty lies in something far less tangible: the breakdown of workplace relationships.

In terms of section 18 of the Constitution of the Republic of South Africa, 1996 everyone has the right to freedom of association.

When the initial 21-day nationwide lock down was announced by President Cyril Ramaphosa in March 2020, the financial impact on South African Employers and Employees at that stage had not yet been evident to the extent that it is now as we enter the final days of what seemed to be the never ending month of April 2020.

In National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others Casual Workers Advice Office...

The question of whether employees are entitled to severance pay is a well-established aspect of South African statutory labour law.

Employees often find themselves in employment conditions that are difficult to deal with. However, how does one mark the difference between difficult employment conditions and employment conditions...

This is calculated on the basis of the terms and conditions that the employee was subject to at the date of dismissal.

Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as "the partial or complete concerted refusal to work, or the retardation or obstruction of work, ...

The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that ‘there is no requirement' for an employer to afford an employee an opportunity to make representations.

In a Labour Court matter that highlights the delicate balance between ensuring compliance with professional registration requirements and acknowledging the potential administrative challenges posed by external statutory bodies, a significant judgment was handed down on 12 July 2024.

In Eskom Holdings v Fipaza & others [2013] 34 ILJ 549 (LAC), in 2006 Ms Fipaza, an employee at Eskom agreed with it that she would go overseas to further her studies but failed to return by a certain agreed date.