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  • Article

    Test For Review Relooked - Is There Still Scope For Process Related Reviews Or Is It Limited To Sidumo's Outcome-Based Approach?

    The approach our courts are required to adopt in reviewing the awards and rulings of CCMA arbitrators was revisited in the recent Labour Appeal Court ("LAC") decision of Goldfields Mining South Africa (Pty) Limited (Kloof Gold Mine) v CCMA, case number JA2/2012 ("Goldfields").
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Department Pushes Unions To Fix Accounts

    An attempt by the registrar of trade unions to clean up the considerable administrative mess within the labour movement has inadvertently provided ammunition for internal battles within Cosatu.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Anything You Can Do I Can Do Better! Recent Judgments Where A Former Employee Starts A Business In Competition With The Employer

    In recent times, our Courts have increasingly been approached to provide recourse to employers to protect their proprietary interests where a former employee leaves and starts a business in competition with the employer.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Discussions Regarding The Nature Of A Dispute In Conciliation Proceedings May Not Always Be Without Prejudice: A Look At September v. CMI Business Enterprise

    The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a statutory body created for the purposes of addressing employment law disputes through alternative dispute resolution mechanisms.
    South AfricaEmployment and HR
    Dentons
    Dentons
  • Article

    Occupational Health And Safety Act, 1993 ("OHASA") – Physical Agents Regulations 2024, Noise Exposure Regulations 2024, And Amendment Of The General Safety Regulations 2025

    On Thursday, 06 March 2025, Notices 5952, 5953, and 5954 were published in Government Gazette No. 52226...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Price Of Dishonesty In The Auditing Profession

    The integrity of financial reporting depends heavily on the trustworthiness of the professionals who perform audits. When that trust is compromised from within, the consequences can be serious...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    The Taxation Of Benefits In Respect Of Insurance Policies

    The provisions relating to benefits in respect of insurance policies changed with effect from 1 March 2012.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    What Could We Expect From The Possible New Set Of Labour Laws In The Pipeline For 2024?

    Since 2021, the social partners have mulled over the options in NEDLAC on how best to balance the ever-conflicting demands for job security and efficiency...
    South AfricaEmployment and HR
    Deale Attorneys
    Deale Attorneys
  • Article

    Constitutional Court Finding: The High Court And The Labour Court Have Concurrent Jurisdiction On The Unlawful Termination Of Employment Contracts

    In a unanimous judgment handed down on 4 December 2020, in the matter of Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27, the Constitutional Court held that the High Court and Labour Court ...
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

    A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Compensation For Occupational Injuries And Diseases Amendment Act, 10 Of 2022

    On 23 January 2026, proclamation notice 306 ("Proclamation Notice") was published in Government Gazette No. 53990 stipulating the commencement dates of sections...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constitutional Court Confirms Jurisdictional Limits On Compensation During Protected Strikes

    Section 68 of the Labour Relations Act (“LRA”) provides the primary remedies available to employers in the case of an unprotected strike. This entails obtaining an interdict against this industrial action or such other conduct (in contemplation or furtherance of it).
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Employment Equity – The Need To Be ‘Situation Sensitive’ Is Imperitive When Determining Equality Claims

    The Supreme Court of Appeal recently pronounced on the protracted equality case concerning the grievance of a former police captain, Renate Barnard, who was unsuccessful in applying for a promotion to the position of Superintendent in a specialised unit of the South African Police Service on two occasions, despite it being admitted that she was the best candidate for the position.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Broking

    The proposed changes to the Labour Relations Act (LRA) regarding labour brokers, or ‘temporary employment services (TES)’ to give them their official name, will make the option of using labour brokers a far less attractive one for employers (these changes are discussed at the end of this article).
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    New Labour Court & Labour Appeal Court Rules

    The new Labour Court and Labour Appeal Court rules were published in the Government Gazette were published in the Government Gazette on Friday, 3 May, 2024.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    COVID-19: Some Practical Guidance For Employers (Part 2 Of 2)

    This article is Part 2 of a 2-part series wherein practical guidance is given in relation to COVID-19 and the workplace.
    South AfricaCoronavirus (COVID-19)
    Tabacks
    Tabacks
  • Article

    Sexual Harassment: Equal Protection For Male Employees And The Inadequacy Of Informal Resolution

    A South African Labour Court ruling confirms that male employees are equally protected under sexual harassment laws, even when the perpetrator is female. The judgment emphasizes that employers must treat such complaints with appropriate gravity and cannot rely solely on informal resolution mechanisms when serious harassment occurs. This case establishes critical precedents for workplace harassment policies and employer liability.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    South African Labour Court Findings Discourage Section 189a(13) Abuse

    Due to the COVID-19 pandemic, many employers have been embarking on consultation processes applicable to contemplated mass retrenchments as set out in section 189A of the Labour Relations Act, 1995 (LRA).
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    The National Minimum Wage For 2025, And Domestic Workers

    In this bulletin, we report on the new national minimum wage, discuss how this wage is to be calculated and comment on how it may affect employees who are not full-time employees, particularly domestic workers.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    COVID-19: Continued TERS Relief In South Africa For Certain Categories Of Employees And Revised Reduced Work Time Benefit

    On 27 November 2020, the Minister of Employment and Labour withdrew the Direction that made provision for the TERS benefit.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Showing 541–560 of 586 results

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