164 results found

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation...

It is common, most of the employment disputes at the CCMA or Bargaining Councils are disputes relating to dismissal for employee's conduct.

Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.

In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...

In what circumstances can a union represent employees who are not entitled, in terms of the union's constitution, to be members of that union? This question has been considered by our courts in various contexts.

Moonlighting has become more common for those looking to make some extra money, but do employees need to disclose their side businesses to their employers, especially when a...

Once again, a differently constituted Constitutional Court adopted differing approaches in three lengthy and detailed judgments.

The question as to what constitutes hearsay evidence and when it is admissible in arbitration proceedings in the CCMA

Mr Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council.

It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head

South African labour law has a very well-structured approach to assist employers and employees in identifying their rights...

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings

The decision of the South African Labour Court in Electronic Media t/a M-Net v Leon Potgieter and Others presents a cautionary tale on what not to do when dealing ...

The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are...

Can an employer dismiss employees who refuse to accept a change to their terms and conditions of employment?

When considering disciplinary action that may lead to an employee's dismissal, an employer has to wrestle with questions of both fairness and "just reasons" in order to successfully exercise...

In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.