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  • Article

    South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

    The Constitutional Court has ushered in a shift in the legal landscape of parental leave in South Africa.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    The New School Approach To Old School Labour Court Cost Orders

    In litigation outside the confines of the Labour Court, the general principle is that costs follow the result.
    South AfricaEmployment and HR
    ENS
    ENS
Article

A Guide To Some Key Risks Wellness Tourism Operators Should Be Mindful Of

When documents such as minutes of meetings, contracts, and invoices are backdated purely to avoid tax or to take advantage of tax benefits by portraying a set of facts that never happened, we are dealing with the crime of fraud.
South AfricaEmployment and HR
Webber Wentzel
Webber Wentzel
  • Article

    Amendments To The Rules For The Conduct Of Proceedings Before The CCMA

    Amended Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) ("the Rules") were promulgated on 17 March 2015 and came into effect on 1 April 2015.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Draft Rehabilitation, Reintegration And Return-to-Work Regulations (COIDA): What Does This Mean For Incapacity Management?

    On 15 June 2023, the Department of Employment and Labour published the Draft Rehabilitation, Reintegration and Return-to-Work Regulations in terms of the Compensation for Occupational Injuries...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Duty To Protect?

    An employee has a right not to be subjected to racial discrimination in the workplace.
    South AfricaEmployment and HR
    Routledge Modise
    Routledge Modise
  • Article

    Employer Rights: Termination Of An Employee Upon Notice And Without Providing Reasons

    Whether or not an employer is required to provide reasons before terminating an employee's contract of employment upon notice has been ambiguous for some time.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employment Law In South Africa

    South Africa, a country with over 50 million people, has the largest economy in Africa. Among its major sources of business are tourism, agriculture and mineral resources. Many U. S. and multi-national companies have locations in South Africa. This article will provide some basic information about employment law in South Africa for companies who already employ workers in South Africa or who are considering hiring employees in that country.
    South AfricaEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Labour Court Confirms That Claims Of Protected Disclosure Must Fit The Definition Under The PDA

    The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Labour Court Hands Down New Judgment On Business Rescue

    The South African Airways ("SAA") saga continues, with another Labour Court judgment handed down on 8 February 2021.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Maternity Leave For Men - The Case Of Mia V State Information Technology Agency (Pty) Ltd

    An important judgment on maternity leave for men was handed down by the Durban Labour Court on 26 March 2015.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Parental Benefits? Parental Leave? Confusion Reigns As To Which Provisions Have Commenced?

    On 27 November 2018, the President of the Republic of South Africa signed the Labour Laws Amendment Act, 10 of 2018 ("LLAA") into law.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Reform On The Horizon: Whistleblowers Afforded More Protection

    On 29 June 2023, a discussion document proposing reforms for the whisteblower protection regime in South Africa was published. The purpose of the document is to...
    South AfricaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

    Can employees pursue a claim for a breach of contract when their employment is terminated rather than bringing an unfair dismissal dispute before the CCMA or the appropriate Bargaining Council?
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    The Right To Strike: Essential Services And Minimum Service Agreements

    The Labour Relations Act, 66 of 1995, ("LRA") has been in the spotlight recently in regard to the recent communications from government that it is considering designating the education sector as an essential service.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    The Ticking TERS Timebomb: A Transient Alternative To Retrenchment

    It is crunch time for many South African employers as retrenchments and other cost-cutting measures become sore realities for numerous businesses navigating the devastating impact of the Coronavirus (COVID-19) and the nationwide lockdown.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Understanding Constructive Dismissal

    Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Using Replacement Labour When Locking Out Employees "is In Response To A Strike" – What Does This Mean?

    A recent Constitutional Court case had to consider the circumstances where an employer had instituted a lock-out and utilised replacement labour in response to a strike.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Weaponising Whistleblowing – A Double-edged Sword For Employers

    Whistleblowing is a cornerstone of ethical business, intended to empower employees to speak up about wrongdoing without fear of reprisal. South Africa's legislative framework...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Do Age Requirements For A Job Constitute Unfair Discrimination?

    In South Africa, the Constitution prohibits unfair discrimination based on a number of grounds, including age.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 441–460 of 586 results

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