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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
On 4 December 2018, the Labour Court in Johannesburg delivered judgment in the matter cited above.
Schoemanlaw Inc.
As the world's focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border...
Werksmans Attorneys
The provisions in the Basic Conditions of Employment Act 75 of 1997 relating to parental, adoption and commissioning parental leave came into effect on 1 January 2020.
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...
Bowmans
Constitutional Court has confirmed the constitutionality of two key sections of the Labour Relations Act that are pertinent to employers contemplating retrenchments.
ENSafrica
Below, please find ENSafrica's Mining Indaba ENSight, covering trends and recent developments impacting South Africa's mining industry in the coming year; and the...
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...
ENSafrica
On 17 January 2020, the Chief Inspector of Mines for the Mine Health and Safety Inspectorate of the Department of Mineral Resources and Energy issued new guidelines and guidance notes ...
Adams & Adams
For some time, section 27 of the Basic Conditions Employment Act ("BCEA") entitled employees to a minimum of four days of family responsibility leave ...
Schoemanlaw Inc.
It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head
ENSafrica
The new parental leave provisions provided for in the South African Labour Laws Amendment Act, 2018 and incorporated into the Basic Conditions of Employment Act, 1997
Bowmans
The Labour Laws Amendment Act 10 of 2018 (LLA Act), which introduces new forms of leave for parents in South Africa (in addition to the existing maternity leave entitlement), was signed into law
Schoemanlaw Inc.
South Africans who are positively diagnosed with HIV (human immunodeficiency virus) have long been discriminated against in ...
Werksmans Attorneys
Whether the Labour Court has jurisdiction to determine a claim under the Basic Conditions of Employment Act 75 of 1997 ("BCEA") even though it has not previously been referred to a labour inspector.
Fasken
South African labour legislation does not impose obligations on an employer to pay bonuses to its employees, the right must have, by agreement – tacitly or impliedly – formed part of the terms and conditions of employment, ...
ENSafrica
Usually when an employee is alleged to have committed misconduct, the employee is taken through a disciplinary process and thereafter dismissed if found guilty of such misconduct
Werksmans Attorneys
On 4 November 2019 the Minister of Labour and Employment published an amendment to the regulations to the Unemployment Insurance Act 63 of 2001 ("UI Act") ("Amendment Regulations").
Werksmans Attorneys
In the case of General Industries Workers Union of South Africa obo Mgedezi and Others v Swissport SA Ltd and Another [2019] 9 BALR 954 the three issues, all hinging on section 198A(3)(b) of the Labour Relations Act 66 of 1995.
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