Searching Content from South Africa indexed under Employment and HR ordered by Published Date Descending.
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Lawfulness And Proportionality Of Actions Taken By Inspectors In Mining Industry
Enforcement actions of inspectors in the mining industry: when are such actions lawful and proportional?
South Africa
13 Sep 2019
Symptoms Of Withdrawal
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, ...
South Africa
16 Aug 2019
Restraint Of Trade: How Does It Work?
More likely than not, a vast majority of employment contracts these days contain a restraint of trade clause.
South Africa
31 Jul 2019
Can Your Employer Tell You How To Dress?
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
South Africa
30 Jul 2019
Multinationals Are Now Able To Second Their Employees To Rwanda
Rwanda has adopted a ministerial order implementing the law on immigration and emigration, introducing various changes to the Rwandan immigration and emigration landscape.
South Africa
30 Jul 2019
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
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.
South Africa
25 Jul 2019
When Will Operational Requirements Justify The Dismissal Of Employees Who Reject An Employer's Demands To Amend Terms And Conditions Of Employment?
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 ...
South Africa
24 Jul 2019
Does Section 187(1)(C) Of The LRA Apply To Individual Dismissals?
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
South Africa
18 Jul 2019
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
Sweeping Changes In The Domestic Sector In South Africa: Inclusion Of Domestic Workers Under COIDA
When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time,
South Africa
15 Jul 2019
Multigenerational Workforce: Mentorship And The Benefits For Law Firms
One of the primary issues in the workplace is generational conflict that arises due to having a multigenerational workforce in the workplace.
South Africa
9 Jul 2019
Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?
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".
South Africa
8 Jul 2019
The Importance For An Employer To Exercise Good Faith In Terminating Employment Reaffirmed
In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee
South Africa
28 Jun 2019
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
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.
South Africa
13 Jun 2019
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
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")
South Africa
4 Jun 2019
The Department Of Labour And EE Reports: Not The End Of The Road
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.
South Africa
30 May 2019
How South Africa's 2019 Budget Affects Businesses And Individuals
While there was no repeat of last year's surprise 1% VAT rate rise, some changes announced in this year's budget may impact South African business operations and employees.
South Africa
27 May 2019
Tax In Brief - May 2019
Below, please find issue 26 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa.
South Africa
20 May 2019
MHSA Guidance Note On Medico-Legal Investigations Of Mine Deaths Published
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.
South Africa
17 May 2019
Rugby League Star's Family To Receive Compensation Following His Wrongful Death In Hospital
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.
South Africa
15 May 2019
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