Legal updates and opinions

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether, by finding that the employer should have followed an incapacity procedure instead of misconduct [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are claims for unfair dismissal subject to the Prescription Act? Also, does a referral of [...]

By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The Department of Labour has confirmed the definition of "worker" in [...]

By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill ("the NMW Bill"), which was published [...]

By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney ISSUE Can an employee be dismissed, without due process, simply because [...]

By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether, in dismissing employees, the employer was exercising its right to [...]

By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether an employer can dismiss an employee who fails a breathalyser [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can the Labour Court receive and rely on evidence related to discussions held during a [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE If a retrenchment was unavoidable, can the employer skimp on the retrenchment process or would [...]

By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorne Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and [...]

It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship. The employer [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Basic Conditions of Employment Act 75 of 1997 ("BCEA") presently entitles a female employee to [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the singing of struggle songs in the workplace racist and if so, does it [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Minister of Labour has published the Draft Employment Equity Regulations, 2018 ("Draft Regulations"). The Draft [...]

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Employment Equity Amendment Bill, 2018 ("Bill") amends specific provisions of the Employment Equity Act 55 [...]

This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of 1998 ("NEMA") and the Occupational Health [...]

Our Labour experts discuss the implications of the proposed amendments to the Labour Relations Act (LRA) relating to industrial action.

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can you dismiss an employee who refuses to obey instructions? SUMMARY An employee can be [...]

By Bradley Workman-Davies, Director The recent fire which broke out in a government building in central Johannesburg lead to the tragic loss of lives of three [...]

South African labour laws are renowned as being progressive and protective of employees' rights, and labour dispute resolution procedures are intentionally designed to provide expeditious and [...]

By Jacques Van Wyk, Director and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill, the Basic Conditions of Employment Amendment Bill, the Labour Relations Amendment [...]

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, [...]

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 [...]

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 [...]

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 [...]