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Middle East & Africa
Unfair/ Wrongful Dismissal
South Africa
Schoemanlaw Inc.
South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently...
Schoemanlaw Inc.
Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.
ENSafrica
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.
Werksmans Attorneys
Often employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party.
Werksmans Attorneys
Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
Werksmans Attorneys
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
ENSafrica
Majoritarianism, South African courts have acknowledged, is the concept that the will of the majority is favoured over the will of the minority in serving the legislative purpose...
Schoemanlaw Inc.
It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head
Werksmans Attorneys
After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.
ENSafrica
What is the proper remedy for an employee dismissed in violation of the terms of a contract of employment? This question has been answered in many disparate ways by our courts.
Werksmans Attorneys
Whether an employer is justified in dismissing employees carrying weapons during a protected strike.
Cliffe Dekker Hofmeyr
Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.
ENSafrica
The question as to what constitutes hearsay evidence and when it is admissible in arbitration proceedings in the CCMA
Abrahams & Gross Inc.
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
ENSafrica
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...
Uganda
Kampala Associated Advocates
This objective is recognised in the Public Standing Orders.
ENSafrica
An increase in global digitisation has resulted in the extensive use of social media.
United Arab Emirates
BSA Ahmad Bin Hezeem & Associates LLP
With the current outlook of the novel coronavirus pandemic still uncertain at best, thousands of companies in the UAE are now exploring their options on how to move forward in the next few months.
BSA Ahmad Bin Hezeem & Associates LLP
With the recent outbreak of the COVID – 19 Virus, the hardest hit are establishments within the hospitality, F&B and retail industry, with many restaurants, gyms and many other businesses being...
Hassan Elhais
In accordance with the provisions of the Labor Law, the employees can document a grievance before the relevant authority in case they believe that the termination was unfair.
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