Mondaq Middle East & Africa - South Africa: Employment and HR
Werksmans Attorneys
A recent case from the labour court provides some guidance.
Baker & McKenzie
People are revolting. Some people protest about the violence against women but others are just plain revolting.
ENSafrica
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
ENSafrica
Enforcement actions of inspectors in the mining industry: when are such actions lawful and proportional?
Fasken
The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...
Tabacks
More likely than not, a vast majority of employment contracts these days contain a restraint of trade clause.
ENSafrica
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
ENSafrica
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.
Fasken
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
ENSafrica
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
ENSafrica
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
Tabacks
One of the primary issues in the workplace is generational conflict that arises due to having a multigenerational workforce in the workplace.
ENSafrica
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
ENSafrica
In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee
ENSafrica
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
ENSafrica
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
Fasken
As most employers are aware, s 21 of the Employment Equity Act, 1998 places an obligation on designated employers to submit an annual Employment Equity Report to the Department of Labour.
ENSafrica
On 10 May 2019, the Chief Inspector of Mines published, in terms of the Mine Health and Safety Act, 1996 (the "MHSA"), a Guidance Note on Medico-Legal Investigations of Mine Deaths.
Adams & Adams
The High Court in Pretoria has ruled that Gauteng's current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player's death at the Steve Biko Hospital.
Fasken
The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.
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ENSafrica
It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
ENSafrica
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
ENSafrica
During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa's labour legislation.
ENSafrica
Enforcement actions of inspectors in the mining industry: when are such actions lawful and proportional?
ENSafrica
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
ENSafrica
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
Adams & Adams
The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that ‘there is no requirement' for an employer to afford an employee an opportunity to make representations.
ENSafrica
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
Fasken
The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...
Fasken
Section 7(1) of the EEA prohibits medical testing of an employee unless the legislation permits or requires the testing or it is justifiable in light of medical facts, employment conditions...
Baker & McKenzie
The world needs employees who are willing to stand up and raise alarms about wrongdoing in the workplace, whether it is in providing proof of financial irregularity ...
Fasken
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
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