Legal updates and opinions
Search Author
Can you dismiss an employee who refuses to adhere to the alternative plan implemented to avoid mass retrenchment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is it fair to dismiss an employee for refusing to comply with the recovery plan [...]
Can you dismiss an employee for making racist comments in the workplace, which the employee believes to be friendly and inoffensive according to the employee’s culture?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, [...]
Non-standard forms of work and the gig economy
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney South African labour law creates extensive rights and protections for employees, but it is sometimes difficult to [...]
Labour brokers – some certainty at last
National Union of Metalworkers of South Africa v Assign Services & others By Jacques van Wyk, Director ISSUE Who is the employer of an employee placed [...]
Temporary Employment Service – Judgement
On 26 July 2018, the Constitutional Court upheld the decision of the Labour Appeal Court in National Union of Metalworkers of SA v Assign Services & [...]
Our Podcasts
Gareth Cliff is joined by some of our prominent experts in their respective fields, as they discuss the legal side of laws that affect each of [...]
The National Minimum Wage Bill
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The NMW Bill has been passed by the National Assembly and sent for concurrence to [...]
The Basic Conditions of Employment Bill
By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Basic Conditions of Employment Amendment Bill ("BCE Bill") introduces amendments to the Basic Conditions [...]
The Labour Laws Amendment Bill
By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Labour Laws Amendment Bill ("LLA Bill") is a Private Member's Bill, which was drafted [...]
The rights of illegal workers and workers engaged in illegal activities in South Africa
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of Discovery Health Limited and Commission for [...]
Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart man" (black man), within a specific [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of an employment contract to terminate an [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African view. 1. Is there a legal [...]
Restraints of trade
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney RESTRAINTS OF TRADE A restraint of trade is a provision in a contract of employment that (typically) [...]
Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is an employer's failure to consistently apply the requirements set out in a promotional post [...]
Can you dismiss an employee for posting a racist comment on Facebook?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair? [...]
Gucci is well-known in singapore
By: Donvay Wegiersk, Director A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to [...]
Olympic games: exclusivity and revenue
By: Donvay Wegierski, Director The protection of the Olympic Symbol, and its torch, flag and anthem is extremely important. According to the Nairobi Treaty on the Protection [...]
#METOOZA – sexual harassment in the workplace in South Africa
Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities [...]
Automatically unfair dismissals
ISSUE IN DISPUTE If an employee does not adhere to the dress code in the workplace because of his religion, culture or gender and is then [...]
The Protection from Harassment Act 17 of 2011
The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act [...]
Parental leave – a pending new entitlement as a minimum term of employment
Currently, South African employment laws provide minimum entitlements to specified leave types for all employees, such as annual leave, sick leave, family responsibility leave, and unpaid [...]
The use of alcohol in the workplace
An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence by [...]
Public interest considerations, employment and temporary employment services
INTRODUCTION The effect of a merger on employment is one of the four public interest considerations which must be deliberated on by the Competition Commission [...]
