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The increase in membership of the Association of Mineworkers and Construction Union in the Gold mining sector and the resultant competition between it and the National Union of Mineworkers ("NUM") has resulted in an interesting and potentially important decision.

In many cases, and for various reasons, an employer and employee will choose to conclude a mutual separation agreement, bringing to an end an employment relationship by way of mutual consent, rather than unilateral termination.

It is not unusual for an employer and an employee to enter into agreements which result in the employment of an employee being terminated by agreement.

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

As most employers are aware, s 21 of the Employment Equity Act, 1998 places an obligation on designated employers to submit an annual Employment Equity Report to the Department of Labour.

The LAC judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers...

It is every employer's wish to build and maintain a great, enjoyable and productive work relationship the employees.

In the recent Labour Appeal Court case of Joseph v University of Limpopo & Others (2011) 32 ILJ 2085(LAC), the contentious issue of creating a legitimate expectation of renewal of a fixed-term contract was again revisited.

The Chamber successfully interdicted the strike on the basis that AMCU was bound by the collective agreement.

When new managers are appointed to deal with ill-discipline and improve performance in workplaces, the proverb: "a new broom sweeps clean" often proves to be true. However, these appointments...

In a recent decision, MEC for Education, North West Provincial Government v Gradwell, the Labour Appeal Court seemed to have spoken the final word on the holding of a suspension hearing prior to suspending an employee pending a disciplinary investigation (also referred to as a "holding suspension").

The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...

On 9 October 2013, the Constitutional Court held that a trade union cannot avoid liability for its neglect to prosecute claims by its members merely because the union has a constitutional right to determine its own administration.

The decision in National Education Health & Allied Workers Union on behalf of Sinxo & others and Agricultural Research Council is important primarily for two reasons.

Barnard's labour experts recently stepped in after a midsized landlord tried to trim expenses by releasing ten employees.

Ahlesa Blankets (Pty) Ltd v SACTWU and Others, an unreported Labour Appeal Court [LAC] judgment (case number CA5/2010, handed down on 2 March 2012) is a further lesson for employers not to act over-hastily when dismissing employees embarking on unprotected strike action.

It was held that the primary enquiry should be whether a benefit or advantage was granted by an employer to an employee for the employee's private or domestic use or consumption.