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  • Article

    Navigating Premature Referrals, Specifically Dismissal Disputes

    In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration. Striking a balance between procedural adherence...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Paternity Leave A Step Closer To Becoming Law

    In this article, ENSafrica looks at a dramatic legislative shift which could soon see the following fundamental changes to South Africa's employment law...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

The Labour Relations Act ("LRA") distinguishes between what can be termed "large scale retrenchments," regulated by sections 189 and 189A of the LRA...
South AfricaEmployment and HR
ENS
ENS
  • Article

    Proceed With Caution – The Labour Court Reaffirms That Unfair Discrimination Is An Offence Of A Special Kind

    What legal recourse is available to employees who cannot prove discrimination on a listed ground and can subjective feelings of ill-treatment in the workplace amount to unfair...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Restructuring In Africa – An Employment And Labour Law Perspective

    Generally, for retrenchments to be lawful in most jurisdictions they must be substantively and procedurally fair.
    South AfricaEmployment and HR
    Dentons
    Dentons
  • Article

    Section 200B Of The Labour Relations Act: The Labour Appeal Court's Interpretation

    One of the important amendments to the Labour Relations Act, 1995 ("LRA") which came into effect on 1 January 2015 was the insertion of section 200B into the LRA.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Should South Africa Mind The (Gender Pay) Gap?

    In June 2023, both the World Economic Forum and the Employment Equity Commission released the most recent data on gender pay information in South Africa.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Strike Notices - One For All Or All For One? The Constitutional Court Settles A Vexed Question

    Imagine you employ 10 000 workers across the country. Two of your non-unionised employees posted in a small town are dissatisfied with their work conditions and refer a dispute to the CCMA.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Take It Or Leave: Dismissal And The COVID-19 Vaccine

    With the rollout of the COVID-19 vaccine in motion, numerous employers are wanting to impose mandatory vaccination as part of their health and safety protocols. The
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Difference Between Punitive Suspension And Precautionary Suspension

    Suspension of Employees is a common occurrence in the workplace. Accordingly, Employers should be aware of the correct processes and procedures which must be...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Importance Of Having A Justifiable Reason For Fixed Term Employment

    Whether the termination of an employee's fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amounts to an unfair dismissal.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    The Transformative Power Of Employee Share Ownership Policies (ESOPs)

    Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Think Again Before Pulling A "Sickie" – The Abuse Of Sick Leave

    The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Unlawfully Obtained Writs Of Execution – A Lesson For Sheriffs And Court Officials

    If sheriffs act unreasonably and hastily when executing a writ of execution, they may face adverse costs orders.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    What Constitutes A Strike Involving Essential Service Workers?

    The City applied to the Labour Court for an order declaring that DEMAWUSA's members were participating in an unprotected strike and interdicting them from participating in the strike.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    What's In A Name? When Is It Fair To Change The Wording Of A Charge During Disciplinary Proceedings?

    Nothing prevents an employer from amending a disciplinary charge before a finding is made provided that the amendment does not add to the complexity or substance of the charges, for example.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Whistleblower Law Won't Protect Those Abusing It To Avoid Their Own Misconduct

    He argued that this constituted an automatically unfair dismissal in terms of the Labour Relations Act, 1995.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Zoom And Section 189 Consultations

    Since the outbreak of the Coronavirus (COVID-19), there has been much talk about what the new normal will be.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Is South Africa's Statutory Dispute Resolution System Dysfunctional?

    In addressing an appeal stemming from misconduct during the 2018 National Strike in the Plastics Industry in the case of National Union of Metalworkers of SA obo Motlang & Others v Polyoak...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million

    A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Showing 421–440 of 586 results

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