ArticleRecession And The Legal Impact It Poses On BusinessesEconomists, investors, businesses and consumers alike have been questioning if we are heading for recession. South AfricaEmployment and HRSchoemanLaw Inc.
ArticleResignation With Immediate Effect – A Tale Of Confusion. These periods are governed by statute and the individual employment contract.South AfricaEmployment and HRWerksmans Attorneys
ArticleShop Stewards And Representation Rights: Labour Court Upholds Company PolicySchedule 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 HRConsolidated Employers Organisation
ArticleStriking Employees Told To Tone Down ProtestThe 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 HRNorton Rose Fulbright South Africa
ArticleSubpoenas – During CCMA And Bargaining Council ProceduresMany 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 HRSchoemanLaw Inc.
ArticleSun, Sweat, And ProtectionThere 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 HRConsolidated Employers Organisation
ArticleThe Case For A Multidimension LifeAn 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 HRCliffe Dekker Hofmeyr
ArticleThe CCMA's Jurisdiction Over Illegal WorkersFrom 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 HRConsolidated Employers Organisation
ArticleThe 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 HRCox Yeats
ArticleThe Final Word By The Constitutional Court On The Application Of Section 197 Of The LRA To Second Generation OutsourcingThe 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 HRENS
ArticleThe Sources Of Compliance At Bargaining CouncilsEmployers 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 HRConsolidated Employers Organisation
ArticleUnderstanding National Level Bargaining In South AfricaNational 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 HRConsolidated Employers Organisation
Article(Un)lawfulness In Labour Disputes: The Door Is Tightly Closed1.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 HRWerksmans Attorneys
ArticleWhich 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 HRConsolidated Employers Organisation
ArticleA Simple Yet Fatal Restraint Of Trade Pitfall For EmployersRestraint of trade agreements safeguard businesses by legally preventing employees from joining competitors, thus protecting businesses' proprietary information and maintaining their competitive advantage.South AfricaInternational LawAdams & Adams
ArticleDiscretion Versus DiscriminationThe 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 & ArbitrationConsolidated Employers Organisation
ArticleWhat 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 & ArbitrationConsolidated Employers Organisation
ArticleBeyond 9 To 5: Unraveling Overtime Work In South AfricaOn 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 HRConsolidated Employers Organisation
ArticleSABC Judgment Raises Important Employment Law IssuesThis aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.South AfricaEmployment and HRENS