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  • Article

    When Cost-Cutting Costs You: Lessons From A Botched Section 189 Process

    Barnard's labour experts recently stepped in after a midsized landlord tried to trim expenses by releasing ten employees.
    South AfricaEmployment and HR
    Barnard Inc.
    Barnard Inc.
  • Article

    When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

    Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Interrogation Of Sick Notes: Employer Or Employee's Responsibility?

It is not uncommon for employers to be confronted with suspicious or fraudulent employee sick notes. Consequently, the submission of such sick notes often leads to the institution of disciplinary proceedings.
South AfricaEmployment and HR
ENS
ENS
  • Article

    No Rest For The Wicked Social Media Policy

    Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Workplace Safety: Is It A Disciplinary Offence To Come To Work While Sick?

    In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court ("Court") was called upon to determine whether, amongst others...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    An Arrested Employee Is Not A Get Out Of Jail Free Card For The Employers

    Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Dealing With Workplace Problems: Choose Wisely

    When dealing with a workplace issue, an employer should be careful to identify the problem in question correctly so that the appropriate steps are taken.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Dismissal Due To The Breakdown Of The Trust Relationship

    Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?

    The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Employer, You Missed The Vaccine Risk Assessment Deadline. Now What?

    The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Fair Inconsistency In Imposing Sanctions On Striking Employees

    Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Court Rules On Automatically Unfair Dismissals In The Context Of Changes In Employment Conditions

    Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Offer Accepted, Protocol Neglected: Ground For Dismissal?

    Typically, a contract of employment comes into existence when an employer makes an offer to employ a person and that person accepts the offer.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    When Can The Labour Court Make A Settlement Agreement An Order Of Court?

    To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee's employment and pay them a sum of money.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Can Your Employer Tell You How To Dress?

    There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constructively Dismissed Or Resigned On Own Volition?

    The concept of "constructive dismissal" has its roots in English law and was adopted by the Industrial Court in the course of the development of the labour law jurisprudence under the...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Is The Singing Of Offensive Songs A Dismissible Offence?

    The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Dismissed For Using Cell Phones At Work

    The ubiquitous use of cell phones in modern society has meant that employers have, in certain circumstances, deemed it necessary to introduce policies and disciplinary rules...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Employment Equity Goals And Targets As Retrenchment Selection Criteria: Fair And Objective Or A No-go?

    The detrimental impact of the Coronavirus (COVID-19) and the nationwide lockdown has forced many employers to consider retrenchment in order to stay afloat.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Hard Lessons: Retrenched For Not Having A Master's Degree

    Typically, when an employer seeks to justify the fairness of a dismissal based on its operational requirements they are doing so in the context of a retrenchment...
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 61–80 of 164 results

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