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Labour laws – fairness to all parties
South African labour laws have been deliberately crafted in order to create a protective regulatory environment for employees. Additionally, labour dispute resolution forums such as [...]
Faking sickness in order to attend a political march: You have a huge price to pay
Our labour law allows employees to take paid sick leave when they are sick in order to attend to their health. This is so because [...]
Testing the reliability of breathalyser tests
and Nombulelo Bashe, Candidate Attorney Whilst employers regularly rely on the convenience and accessibility of a breathalyser test to determine whether employees are under the influence [...]
Salary made up of commission: What rules apply?
Although South African labour law has a lot to say about minimum terms and conditions of employment, and pieces of legislation such as the Basic [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]
When is an instruction to work overtime unlawful and unenforceable?
and Nombulelo Bashe, Candidate Attorney AMCU obo Mkhonto v CCMA and Others (JR 2266/17) [2023] ZALCJHB (13 February 2023) Insubordination occurs when an employee fails to [...]
Conciliations and the importance of maintaining impartiality
and Tasreeq Ferreira, Candidate Attorney Issue Whether comments made by a commissioner in conciliation proceedings could give rise to a basis to request his recusal from [...]
When reinstatement is not permissible
and Kelly Sease, Candidate Attorney In terms of section 193(1) of the Labour Relations Act 66 of 1995 (as amended) (the LRA), an arbitrator has a [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged with gross insubordination in that they [...]
The settlement agreement concluded at the ILO has not changed the new Employment Equity interventions
In 2021, a complaint was filed with the International Labour Organisation (ILO) against the South African Government in relation to the proposed employment equity interventions [...]
The correct approach to Section 138(5)(a) of the LRA: rescission or re-enrolment?
On 27 May 2023, as a direct response to Labour Appeal Court's judgement of Mohube v Commission for Conciliation, Mediation and Arbitration (JA18/2022), the CCMA revised its [...]
Numerical Targets: No jobs will be lost!
The publication of the Employment Equity Regulations on 12 May 2023 has been the subject of much public controversy. While a vibrant contestation of ideas [...]
The danger of cutting and pasting provisions in your settlement agreements!
On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 ILJ 767 (LAC) found against an [...]
Worried about the new EE Amendments? Progressive implementation of numerical targets is possible!
On 12 April 2023 the President signed the Employment Equity (EE) Amendment Bill, 2020 into law. The Act is not operative as the President is [...]
An employer’s right to use replacement labour where a lockout has been instituted
and Nyeleti Baloyi, Candidate Attorney On 18 April 2023, the Constitutional Court delivered a judgment on the interpretation of section 76(1)(b) of the Labour Relations Act 66 of [...]
What does a medical certificate prove?
In the case of NEHAWU obo Matras v Commission for Conciliation, Mediation and Arbitration and Others[1] Mr Matras ("the employee"), was employed by Mediclinic from [...]
What does it mean to give a “months’ notice?
and Kelly Sease, Candidate Attorney Generally, a contract of employment states that an employee must give a month's notice or calendar month's notice when he/she wishes [...]
Who has territorial jurisdiction over labour disputes where there is a foreign element?
and Kelly Sease, Candidate Attorney Technology has contributed to a significant increase in global mobility, which has enabled the ability of organisations to transfer employees from [...]
Sticking (it) to the rules? Sometimes, unless that would be unfair
by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney CCMA Rules South African labour legislation sets up fundamental structures for the resolution of labour related disputes, [...]
Sexual harassment in the workplace – a balanced consideration
By Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney On 18 March 2022, the Minister of Employment and Labour (“Minister“) published the ‘Code of Good Practice [...]
Does an employer’s decision to exclude employees from a commission scheme constitute an unfair labour practice
by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney In a recent case the Commission for Conciliation, Mediation and Arbitration ("CCMA") had to examine whether an [...]
Stay out of my internal disciplinary matters? Not so fast
by Bradley Workman-Davies, Director and Anna Tchalov, Candidate Attorney In terms of the Labour Relations Act, 66 or 1995 (LRA) an employee who has been dismissed [...]
Fairly unlawful or lawfully unfair? Employees and their rights on termination under the LRA and contract
The South African Labour Relations act, 66 of 1995 (LRA) has been in operation and has since the date of its promulgation in 1995 been affording [...]
The transferability and enforceability of restraint of trade agreements
Issue Where a business is sold as a going concern do the restraint of trade undertakings contained in employees' contracts of employment transfer with their contracts [...]
