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  • Article

    Desertion Of Employees From The Workplace

    The definition of desertion of Employees from the workplace in South African Labour Law and according to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Springboarding A Business: Unlawful Competition, Not Entrepreneurship

    A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.
    South AfricaCorporate/Commercial Law
ENS
ENS
  • Article

    A Closer Look At The Draft Code Of Good Practice On Dismissals

    ​​​​A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Does Section 187(1)(C) Of The LRA Apply To Individual Dismissals?

    Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employees Left To Their Own Devices: The Risks Of Communication Platforms

    Chat tools and apps offer convenient and informal ways to network, communicate, share ideas, and connect with colleagues, clients and service providers.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employer Obligations In Disclosing Information During Retrenchment Consultations

    With retrenchments becoming more frequent across the private sector due to structural challenges, the labour market normalising after the COVID-19 pandemic and South Africa edging into a recession...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employers, Are Your Working Hours Discriminatory Against Women?

    The celebration of National Women's Day on 9 August 2023 provides a fitting opportunity for employers to pause and consider whether they are doing enough to implement measures that facilitate...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employers, Watch Out: Some Digital Or Printed Evidence Might Not Be Admissible In Court

    The modern world of technology has undoubtedly changed the manner in which we collect evidence as well as the types of evidence relied on in arbitration proceedings and trials.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employment Equity Changes Imminent: Department Confirms Consultation On Sector Targets

    In a media release on 31 August 2022, the Department of Employment and Labour confirmed that the signing into law of the Employment Equity Amendment Bill, 2020 is imminent.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Ever Wondered About The Difference Between A Resignation And A Termination?

    You cannot foresee yourself working for a company where the work environment becomes unendurable. Therefore, you have to make a conscious decision about whether you are going to resign...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Implementation Date For Employment Equity Act Amendments Announced

    President Ramaphosa has proclaimed the effective date of the amendments to the Employment Equity Act ("EEA") as 1 January 2025.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Labour Court Dismisses Claims Of Automatically Unfair Dismissal And Quid Pro Quo Sexual Harassment By A Contractor

    This comprehensive legal update from ENSafrica covers critical developments across multiple African jurisdictions, including workplace relationship breakdowns, Labour Court rulings on dismissal claims, Uganda's proposed tax changes, and Ghana's new investment legislation. The collection addresses pressing regulatory shifts affecting businesses operating across the continent, from JIBAR cessation in South Africa to sovereignty legislation in Uganda.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Labour Laws A 'Compromise' On Labour Broking

    The proposed amendments to SA's labour laws provide a compromise between the competing interests of business and labour.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Precautionary Suspension: Do Employees Have The Right To Make Representations?

    If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Right To Object To Con-arb: Key Considerations For Employers And Employees

    Employment disputes can happen for many reasons, from allegations of discrimination to disputes over wages or termination of employment. For certain disputes, parties...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    To Conciliate Or Not To Conciliate

    The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Private Conduct Becomes A Public Standard Of Accountability

    The proceedings involving Judge President Selby Mbenenge and Ms Andiswa Mengo have attracted significant public attention that extends beyond the bench.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    How Closed-Shop Agreements Impact Representation

    The point of departure when dealing with a matter of representation is first to identify and interpret the condition that is attached to it. Closed-Shop Agreements, as contained in Section 25...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Supreme Court Of Appeal Confirms The Exclusive Jurisdiction Of The Labour Court To Determine Disputes Concerning The Interpretation And Application Of The Mine Health And Safety Act, 29 Of 1996

    In the case of TC Smelters (Pty) Ltd and Another v The Minister Department of Mineral Resources and Energy and Others (910/2024) [2026] ZASCA 40 (27 March 2026), the Supreme Court of Appeal ("SCA")...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    No Right To Use Replacement Labour In A Defensive Lock-Out After The Strike Has Ended

    The answer to whether employers can use replacement labour during a lock-out after a strike has ended or been suspended remains uncertain since the promulgation...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Showing 461–480 of 586 results

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