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Middle East & Africa
Unfair/ Wrongful Dismissal
European Union
Charles Russell Speechlys
As we head towards Halloween with the various permutations of a deal, a further delay to Brexit (most likely) or crashing out of the EU,
South Africa
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.
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.
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.
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...
Werksmans Attorneys
This finding has been hailed as a victory for greater freedom from unlawful surveillance.
Werksmans Attorneys
Whether the termination of an employee's fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amounts to an unfair dismissal.
Kemp & Associates
In terms of section 18 of the Constitution of the Republic of South Africa, 1996 everyone has the right to freedom of association.
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
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
An increase in global digitisation has resulted in the extensive use of social media.
United Arab Emirates
Herbert Smith Freehills
As we recently published here, the Dubai International Financial Centre ("DIFC") has announced plans to replace its end of service gratuity ("ESG") scheme
STA Law Firm
Redundancy is one of the most contested and controversial aspects of employment, especially with regards to economies with unfavourable economic climates.
STA Law Firm
Redundancy is one of the most contested and controversial aspects of employment, especially with regards to economies with unfavourable economic climates.
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