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Searching Content indexed under Employment and HR by ENSafrica ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
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
18
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
19
South Africa
30 Oct 2018
20
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
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