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Red Carded For Playing The Race Card
By Bradley Workman-Davies, Director The issue of race and racial discrimination is well-recognised in South Africa as a problem area for the various interactions, which take [...]
Reinstatement Not Always An Appropriate Remedy
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether reinstatement must always be awarded where a dismissal is [...]
The Risk Of Departing From Disciplinary Guidelines
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE The risk of departing from a disciplinary guideline when imposing [...]
Workplace Bullying: Remedies And Recourse In South African Law
By Bradley Workman-Davies, Director South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, [...]
Retrenchment Remedies – Getting The Process Back On Track
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Retrenchments in South African law are regulated in terms of section 189 of the Labour Relations [...]
An employer’s prerogative to employ the candidate it deems best
By Jacques van Wyk, Director and Michiel Heyns, Senior Associate In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral [...]
FALSE ALLEGATIONS OF RACISM MAY BE GROUNDS FOR DISMISSAL
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether an employee who makes a false allegation of [...]
DOES THE USE OF RACIST COMMENTS WARRANT DISMISSAL?
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Is dismissal the appropriate sanction for an employee who [...]
The qualified legalisation of cannabis does not extend to the workplace
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the recent Constitutional Court case of Minister of Justice [...]
Jurisdiction in south african labour law
Labour law and jurisdiction Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may [...]
No work on public holidays – a gift from the labour appeal court
In terms of the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"), all employees are entitled to a minimum number of days leave per year. [...]
Jurisdiction in South African Labour Law
Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may have limitations to its [...]
Employee’s right to privacy
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) [...]
#METOO in the workplace: how to prevent and address sexual harassment
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney INTRODUCTION Awareness of sexual harassment in the workplace has become particularly pronounced over recent years due [...]
The national minimum wage act is now law
By Bradley Workman-Davies, Director On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented to and signed into law the [...]
New system to be launched to expose non-compliance with the national minimum wage act 9 of 2018
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney On 7 March 2019, the Department of Labour ("DOL") released a media brief noting that the [...]
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the [...]
Employee’s right to privacy
In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the court weighed up the competing interest [...]
Is a pre-suspension hearings necessary for a precautionary suspension?
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney ISSUE Whether there is a requirement for a pre-suspension hearing in the case of a precautionary [...]
How long is too long? Suspension of an employee pending a disciplinary process
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or [...]
National minimum wage amendment bill, 2019
By Jacques van Wyk, Director and Unathi Jukuda, Candidate Attorney On 22 February 2019 the Portfolio Committee on Labour published a notice in the Government Gazette [...]
How long is too long? Suspension of an employee pending a disciplinary process
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or [...]
A dismissal arising out of a failure to work overtime for religious reasons may be found to be automatically unfair
By: Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the dismissal of an employee who refused to work [...]
Fixed term contracts – how are they justified?
The use of fixed term contracts of employment appeals to employers for a number of reasons, some of which are legitimate and others of which are [...]
The national minimum wage bill is now law
By: Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented to [...]
