Mondaq Middle East & Africa - South Africa: Employment and HR
Fasken
The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...
Tabacks
More likely than not, a vast majority of employment contracts these days contain a restraint of trade clause.
ENSafrica
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
ENSafrica
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
Fasken
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
ENSafrica
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
ENSafrica
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
Tabacks
One of the primary issues in the workplace is generational conflict that arises due to having a multigenerational workforce in the workplace.
ENSafrica
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
ENSafrica
In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee
ENSafrica
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
ENSafrica
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
Fasken
As most employers are aware, s 21 of the Employment Equity Act, 1998 places an obligation on designated employers to submit an annual Employment Equity Report to the Department of Labour.
ENSafrica
On 10 May 2019, the Chief Inspector of Mines published, in terms of the Mine Health and Safety Act, 1996 (the "MHSA"), a Guidance Note on Medico-Legal Investigations of Mine Deaths.
Adams & Adams
The High Court in Pretoria has ruled that Gauteng's current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player's death at the Steve Biko Hospital.
Fasken
The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.
Hogan Lovells
There has been a tick up in the number of these claims since the introduction of arbitrariness as a ground for discrimination, under section 6(1) and 6(4) of the Employment Equity Act, 1998, in the last number of years.
Hogan Lovells
Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena).
Fasken
One of the aims and objectives of the Employment Equity Act is to eliminate discrimination in the workplace.
Fasken
For many a human resources manager and in-house legal counsel, the language of the resolution taken at a board meeting or recorded in the minutes of that meeting in respect of the need to embark upon a retrenchment exercise is a cause for concern.
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ENSafrica
It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
ENSafrica
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
ENSafrica
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
Fasken
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
Tabacks
More likely than not, a vast majority of employment contracts these days contain a restraint of trade clause.
ENSafrica
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
ENSafrica
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
ENSafrica
During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa's labour legislation.
Tabacks
One of the primary issues in the workplace is generational conflict that arises due to having a multigenerational workforce in the workplace.
ENSafrica
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
ENSafrica
In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee
ENSafrica
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
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