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Searching Content indexed under Employment and HR by ENSafrica ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
Non-Employers May Approach The Labour Court For Interdictory Relief Against Unregistered Trade Unions
In the recent matter of Vodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019.
South Africa
15 Mar 2019
10
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 2019
11
Precautionary Suspension: Do Employees Have The Right To Make Representations?
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"
South Africa
6 Mar 2019
12
The Doctrine Of Common Purpose In Strikes
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
South Africa
18 Feb 2019
13
Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient
The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
South Africa
11 Feb 2019
14
South Africa
30 Oct 2018
15
New Type Of Worker Recognised In The Amended Employment Rights Act
These amendments will be of definite interest to operators in the gig economy offering services via platforms.
Mauritius
29 Oct 2018
16
Compensation For Occupational Injuries And Diseases Amendment Bill, 2018
On 18 October 2018, the Compensation for Occupational Injuries and Diseases Amendment Bill, 2018 was published for public comment.
South Africa
29 Oct 2018
17
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
18
Fair Inconsistency In Imposing Sanctions On Striking Employees
Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
South Africa
10 Oct 2018
19
The New Rwandan Labour Code: A Mixed Bag Of Pro-Employer And Pro-Employee Changes
Effective from 6 September 2018, Rwanda's New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) repealed law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, which has been in force for over nine years.
Rwanda
9 Oct 2018
20
South African Mine Health And Safety Act – Amended Regulations Relating To Explosives And Competent Persons For Explosives Published
On Friday, 14 September 2018, the Minister of Mineral Resources (the "minister") published a notice amending Chapter 4 of the regulations relating to explosives, binding in terms of the Mine Health and Safety Act, 1996.
South Africa
8 Oct 2018
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