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  • Article

    Recession And The Legal Impact It Poses On Businesses

    Economists, investors, businesses and consumers alike have been questioning if we are heading for recession.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Resignation With Immediate Effect – A Tale Of Confusion

    . These periods are governed by statute and the individual employment contract.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Retrospective Reinstatement: Quantifying Back Pay

Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay.
South AfricaEmployment and HR
Garlicke & Bousfield Inc.
Garlicke & Bousfield Inc.
  • Article

    Shop Stewards And Representation Rights: Labour Court Upholds Company Policy

    Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Striking Employees Told To Tone Down Protest

    The Kwazulu-Natal High Court granted an interdict preventing protesters from chanting loudly or using any kind of instrument to make noise because tolerance levels for conducting business were exceeded by unacceptably high noise levels.
    South AfricaEmployment and HR
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Subpoenas – During CCMA And Bargaining Council Procedures

    Many employees are unaware that similar to criminal or civil courts proceedings, the CCMA or Bargaining Council is allowed to compel witnesses to present themselves to testify or provide information.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Sun, Sweat, And Protection

    There are instances in which the services of employees are required not only for a specific period but also for a specific occasion.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Case For A Multidimension Life

    An experienced attorney at one of South Africa's Big Five law firms reflects on a pivotal conversation during her early career that shaped her perspective on balancing professional success with personal life. The discussion with her reporting director during her articles period left a lasting impression about navigating the demands of a legal career alongside family commitments.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The CCMA's Jurisdiction Over Illegal Workers

    From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Demise of Temporary Employment?

    As we enter 2014, and in an effort to keep our clients appraised of current developments within the industrial legal landscape, the Labour Team has undertaken to supply regular updates to clients, as and when there appears to be a need to do so.
    South AfricaEmployment and HR
    Cox Yeats
    Cox Yeats
  • Article

    The Final Word By The Constitutional Court On The Application Of Section 197 Of The LRA To Second Generation Outsourcing

    The Constitutional Court judgment in the matter of The Aviation Union of South Africa and the South African Transport and Allied Workers’ Union v South African Airways (Pty) Limited and LGM South Africa Facility Managers and Engineers (Pty) Limited and Allan and 204 others became available on 24 November 2011.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Sources Of Compliance At Bargaining Councils

    Employers who fail to comply with their industry's Main Collective Agreement will end up on the receiving end of compliance orders from the relevant Bargaining Council.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Understanding National Level Bargaining In South Africa

    National Level Bargaining in South Africa is a form of Collective Bargaining between large Trade Unions and Employer Organisations at a national level.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    (Un)lawfulness In Labour Disputes: The Door Is Tightly Closed

    1.The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [2021] 2 BLLR 181 (LC) put it beyond doubt that issues which fall under section 23
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Which Types Of Demands Are Trade Union Members Entitled To Strike Over?

    Section 213 of the Labour Relations Act (LRA) defines a strike and its purpose as a resolution to a grievance or dispute about a matter of mutual interest.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    A Simple Yet Fatal Restraint Of Trade Pitfall For Employers

    Restraint of trade agreements safeguard businesses by legally preventing employees from joining competitors, thus protecting businesses' proprietary information and maintaining their competitive advantage.
    South AfricaInternational Law
    Adams & Adams
    Adams & Adams
  • Article

    Discretion Versus Discrimination

    The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    What Can You Do If One Of Your Employees Refuses To Testify At An Arbitration Or Disciplinary Hearing?

    Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad.
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Beyond 9 To 5: Unraveling Overtime Work In South Africa

    On the 8th of November 2022, the Labour Court heard the matter between the Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    SABC Judgment Raises Important Employment Law Issues

    This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 81–100 of 586 results

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