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  • Article

    When Employees Continue Working After Their Fixed-term Contract Ends: A Legal Perspective

    South African case law is replete with decisions where employees claim that they were unfairly dismissed because their employer failed to renew their fixed-term contracts.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Travel Benefits End

    In a significant recent judgment, the Labour Court provided important clarity on the removal of an employment benefit in the case Public Servants Association of South Africa and 490 Others v The
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
Article

Where A Failure To Conduct Job Grading Deprives An Employee Of Benefits It May Amount To An Unfair Labour Practice

Whether the failure to implement a performance management system in relation to job grading and job evaluation systems amounts to an unfair labour practice where the effect of such failure
South AfricaEmployment and HR
Werksmans Attorneys
Werksmans Attorneys
  • Article

    Words Have Power: When Unfounded Allegations Sink Reinstatement

    The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

    The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts...
    South AfricaFinance and Banking
    Adams & Adams
    Adams & Adams
  • Article

    A Manifestly Overbroad Restraint And The "Exaggerated Sword Of Damocles"

    In the Labour Court decision of Henred Freuhauf (Pty) Ltd v Davel & another (2011) 32 ILJ 618 (LC), Lagrange J held that employers should refrain from drafting overbroad restraints and then expect the court to reformulate it into something more reasonable.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    A Progressive Step Towards Parental Leave: High Court Declares Various Provisions Of Legislation Regulating Parental Leave As Unconstitutional

    The judgment indeed has far-reaching implications when it pertains to the entitlement of both maternity and paternity leave allocation under the BCEA and as read with the UIF Act.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    AARTO Withstands Constitutional Court Scrutiny: What Does This Mean For Employers?

    In its recent decision in Organisation Undoing Tax Abuse v Minister of Transport (CCT 19/22), the Constitutional Court upheld the constitutionality of important provisions...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Amendments To The Employment Equity Act And Its Regulations

    The purpose of the Employment Equity Act, 55 of 1998, is to achieve equity in the workplace by promoting equal opportunity and fair treatment through the elimination of unfair discrimination...
    South AfricaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Amendments To The Lockdown Regulations: Take-Home Points For Employers

    On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Calling Out Racism At Work: Lessons From The Labour Appeal Court’s Qomoyi Judgment

    Accusations of racism in the workplace are among the most sensitive and volatile issues employers and employees can face. In South Africa, where history, power and inequality remain deeply intertwined with working life, such allegations carry real emotional and legal weight.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Can An Employee Get Paid Additional Remuneration By The Company They Are Seconded To?

    This was the question the Labour Appeal Court had to consider in RFS Administrators v Samons and others.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Can Employers Be Compelled To Disclose Pre-Hearing Investigation Reports In Arbitration Proceedings?

    Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Cross-Border Employment: South African Labour Court's Jurisdiction In Focus

    The Labour Appeal Court's ("LAC") decision in Sorrell v Petroplan Sub-Saharan Africa (Pty) Ltd has significant implications for cross-border employment arrangements, particularly in the context of temporary.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Delayed Expectations: The Non-Renewal Of Fixed Term Employment Contracts In Terms Of Section 186(1)(b)(i) Of The Labour Relations Act

    The most common form of dismissal – as defined under section 186(1)(a) of the Labour Relations Act (LRA) - is one where the employer terminates an employee's employment contract with or without notice.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Employers Cannot "Buy Their Way Out" Of Retrenchment Procedures

    In the recent South African Labour Appeal Court ("LAC") decision of Total South Africa (Pty) Ltd v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum compensation for a substantively...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employers Must Follow Fair Procedure, Even In Cases Of Serious Misconduct

    A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Enforcing Labour Court Orders Despite A Pending Appeal

    When it comes to applications to review an arbitration award issued by a CCMA commissioner, common law principles state that the operation of the award is suspended and cannot be enforced until...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    How Key Updates Under The MHSA Are Reshaping How Mines Must Plan And Respond To Emergencies At Its Underground Operations

    On Friday, 28 March 2025, Notice 6052 was published in Government Gazette No. 52388, in terms of which the Minister of Mineral and Petroleum Resources...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Independent Contractor Or Labour Broker? Court Rules That Substance Over Form Is An Essential Factor

    Temporary employment service provision, more popularly and colloquially known as "labour broking arrangements", is not a new phenomenon in South Africa.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 401–420 of 586 results

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