Legal updates and opinions
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Employees beware: the enforceability of zero-tolerance policies in the workplace
Issues Whether an employee may be dismissed, in the workplace, for testing positive for dagga and the importance of 'zero-tolerance' policies in this regard. Court's Decision [...]
Increase to BCEA earnings threshold
On 20 February 2023 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as [...]
Severance pay is not always due when dismissed for operational requirements
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney Introduction Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 [...]
An employer’s obligation to comply with their own policies
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Issue Whether an employer is obliged to comply with its own policies and [...]
An exercise in restraint of trade agreements, what not to do!
by Bradley Workman‑Davies, Director, Kerry Fredericks, Director and Benedict Ngobeni, Candidate Attorney Restraint of trade agreements are characterised by the competing interests amongst them being the [...]
Vicarious liability for unfair discrimination – act now or regret later?
by Sandile July, Head of Employment and Kwanele Diniso, Candidate Attorney It is trite that employers are required to act swiftly to deal with grievances of [...]
Half-baked challenge by employees dismissed for testing positive for cannabis at work
In a 2018 judgement by the Constitutional Court, the highest Court in the land effectively decriminalised the private use, cultivation and possession of marijuana by declaring [...]
Whistleblowing in South Africa – employers’ obligations
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. In the [...]
Riding Off Into The Sunset – Labour Appeal Court Settles Questions On Retirement Age
by Kerry Fredericks, Director There is no specified retirement age for employees in terms of South African law. Employers are, however, entitled to rely on a [...]
Dismissal as an appropriate sanction for workplace bullying
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Kelly Sease, Candidate Attorney Workplace bullying The dismissal of an employee for bullying his subordinates in [...]
The importance of witness testimony when seeking to rely on electronic evidence
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Danelle Plaatjies, Candidate Attorney Issue Whether the reliance on a data message, in the form of [...]
Dealing with unions in the workplace – a multi-layered relationship
Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where individuals may not have recourse to [...]
When can a trade union operate outside the ambit of its constitution?
This question was answered by the Labour Appeal Court recently in National Union of Metalworkers of SA & others v Afgri Animal Feeds (Pty) Ltd (2022) [...]
A reminder to employers: Duties in relation to recovering funds misappropriated by employees
by Jacques Van Wyk, Director, Nasheetah Smith, Senior Associate, and Danelle Plaatjies, Candidate Attorney When employees are found guilty of misappropriating funds in the workplace, employers [...]
Reinstatement as a primary remedy
By Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Summary This case reiterated the principle that reinstatement is the primary remedy [...]
Loadshedding – what should employers know?
by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption of load shedding throughout the country [...]
Invitation for written representations regarding the national minimum wage
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney On 9 September 2022, the Chairperson of the National Minimum Wage Commission (Commission) [...]
Protest Code: Protest Action to Promote or Defend Socio-Economic Interests of Workers
On 2 September 2022, the Executive Director of the National Economic Development and Labour Council ("NEDLAC") issued the 'Code of Good Practice: Protest Action to Promote [...]
Resignation terminates contract of employment and cannot be withdrawn, unless employer consents thereto
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Kelly Sease, Candidate Attorney Withdrawal of an employee's resignation Whether the employer consented to the withdrawal [...]
Offers of employment – don’t take risks
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Danelle Plaatjies, Candidate Attorney Summary What constitutes an offer and acceptance for the conclusion of a [...]
The Constitutional Court has tightened the noose on the doctrine of common purpose.
by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the doctrine of common purpose came into [...]
Contractors, copyright and computer programs – what should business owners know?
by Danelle Plaatjies, and, Monique le Roux, Candidate Attorneys. Reviewed by, Jacques van Wyk, Director and Janine Hollesen, Head of Intellectual Property A common misconception about [...]
Derivative misconduct in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys Issue Whether or not the dismissal of an employee, [...]
Normal retirement age versus agreed retirement age
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys An agreed retirement age - Issue Whether an employer [...]
CCMA speaks again on mandatory vaccination policies
Mandatory vaccination policies in the workplace Hot off the heels of a number of awards by the CCMA which upheld mandatory vaccination policies in the workplace, [...]
