Legal updates and opinions

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 [...]

ISSUE   Whether the employer had unfairly discriminated against farm‑supervisors by grading and paying them less than farm‑foremen who performed the same work but who had [...]

ISSUE(S)   The importance of setting realistic targets for employees and providing the employees with resources to reach such targets.   SUMMARY   COURT'S DECISION   [...]

On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 of 2017 ("Amendment Act"). The Amendment [...]

ISSUE   If an employee resigns, then decides to retract her resignation but her employer refuses to allow her to do so, has the employer, in [...]

Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017)   ISSUE   Whether an employer can rely on a clause in an [...]

THE CLIENT BECOMES THE SOLE EMPLOYER WHEN THE DEEMING PROVISION KICKS IN   INTRODUCTION      In NUMSA v Assign Services & others, handed down on 10 July [...]

ISSUE(S)   Whether the employee was unfairly dismissed after his appointment letter was automatically terminated because of a provision stating that his offer of employment was [...]

ISSUE(S)   Whether a collective agreement concluded between a majority union and an employer, but extended to a minority union, can prevent the minority union from [...]

On 12 May 2017 notice was given, by way of Government Gazette, in accordance with section 54 of the Employment Equity Act ("EEA"), that the Minister [...]

"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" – words by Mokgoatlheng AJ in the case of [...]

There has been a recent increase in the number of employment equity audits conducted by the Department of Labour on designated employers. The reason for this [...]

Recently former Home Affairs Minister, Malusi Gigaba, announced that the Department of Home Affairs will move to punish employers who employ persons with illegal documents or [...]

On 7 April 2017, the Minister of Labour gave notice that in terms of the relevant provisions of the Labour Relations Act 66 of 1995, as [...]

On 13 April 2017 ("Notice Date") the Department of Labour gave notice in the government gazette of receipt of an application for registration of a bargaining [...]

ISSUE(S)   In what circumstances an employer may be held liable for sexual harassment committed by one of its employees in terms of the Employment Equity [...]

On 8 February 2017, Cyril Ramaphosa, the Deputy President of South Africa, disclosed preliminary details regarding the implementation of a national minimum wage ("NMW"). This came [...]

On 8 February 2017, Fin24 reported that according to the Federation of Unions of South Africa, an agreement had been reached, and signed, between parties at [...]

ISSUE(S)   Whether the employees' fixed term contracts had terminated by operation of law having regard to section 196B of the LRA. Whether the employer should [...]

DRAFT CODE OF GOOD PRACTICE ON EQUAL PAY FOR WORK OF EQUAL VALUE   The Minister of Labour published the Draft Code of Good Practice on [...]

ISSUE   What is the proper test for determining whether a transfer of a business as a going concern has occurred?   COURT'S DECISION   In [...]

ISSUE   When does a dismissal take place and what must be shown to prove that fact?   COMMISSIONER'S DECISION   In the case of Makosi [...]

ISSUE   Can an employer substitute the sanction of a final written warning with one of dismissal on appeal?   COURT’S DECISION   In the case [...]

ISSUE   Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act (“LRA”)? If so, whether the termination [...]