FeaturedUnion Law
Union Representation in Labour Disputes. Are unions bound by their Constitutions? The recent Constitutional Court ruling in the case of AFGRI Animal Feeds v NUMSA and Others (CCT188/22) [21 June 2024] has addressed a significant issue…
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Bargaining
Understanding Bargaining Councils In South Africa: Their Role and Functionality What is a Bargaining Council?A bargaining council is an official body formed by one…
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LAC
Labour Appeal Court Ruling Sets High Standard for Addressing Fake Sick Notes and Malingering.
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Contracts
Did Your Fixed-Term Contract Truly Expire? Fixed-term contracts are commonly used in employment, with both employers and employees agreeing to the temporary nature of…
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Dismissal
Emphasizing the risks involved in pursuing an "unlawful dismissal" claim, particularly regarding the potential for obtaining a successful contractual remedy.
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Employer Duty
High Court Finds Netcare Liable for Failing to Protect Employee from Abusive Surgeon: What Would a "Reasonable Employer" Do?
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CCMA
Arbitration (CCMA) has ruled in favour of pharmaceutical company Dis-Chem following the dismissal of an employee due to medical incapacity.
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Misconduct
Derivative Misconduct and the Duty of Good Faith: When Can an Employee Be Dismissed for Derivative Misconduct? Understanding Derivative MisconductDerivative misconduct occurs when an…
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Discipline
Progressive discipline is a structured system of addressing employee misconduct, where the severity of the penalties increases with repeated...
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Resignations
Navigating the intricacies of resignations can be challenging for both employers and employees.
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Contracts
Employment contracts are fundamental to the employer-employee relationship, setting the terms and conditions under which work is performed.
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Probation
In today’s competitive job market, many companies are increasingly using probationary periods for new hires. However, there is often confusion...
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Misconduct
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Wage Rates
In recent developments regarding wage rates and increases for workers, chefs, and other relevant employees in the South African restaurant industry, the Minister of…
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Discrimination
Discrimination in the workplace remains a significant concern, impacting the rights and dignity of employees. In the recent case of Association...
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Sick Leave
Navigating Traditional Healers' Medical Certificates in the South African Workplace: Legal Insights
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Regulation
Starting from 1 April 2024, a new annual earnings threshold will come into effect, , impacting how certain labour laws apply to employees.
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Labour Court
In recent legal developments, the abuse of the urgent court process in labour disputes, particularly among municipal and government employees...
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OHS / COIDA
Legal Implications of Work-Related Injuries for Temporary Employment Service (TES) Employees
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Restraint
In a recent case, the Labour Court addressed the complex issue of enforcing restraint of trade agreements, as exemplified in Planet Fitness...
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Constructive Dismissal
In a recent case before the Labour Court, Shoprite Checkers (Pty) Ltd v Nkosi and Others, the issue at hand was whether an employee's...
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Arbitration
Key Considerations for Evaluating Sanctions in Arbitration Proceedings When confronted with allegations of misconduct in the workplace...
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Constructive Dismissal
Navigating the Complexities of Constructive Dismissal: Lessons from the Sanlam Life Insurance Limited v Mogomatsi Case
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Misconduct
Navigating Employee Conduct: The Impact of Off-Duty Assault on Employment
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Retirement
Unraveling the Authority of CCMA: A Landmark Ruling on Objections, Arbitration, and the Labour Relations Act
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CCMA
Unraveling the Authority of CCMA: A Landmark Ruling on Objections, Arbitration, and the Labour Relations Act
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Substance Use
Employer Rights in Cases of Employee Substance Use During Work Hours involves a comprehensive examination of the legal implication
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BCEA
Unlawful Deductions upon Employee Dismissal: Navigating Section 34 of the Basic Conditions of Employment Act
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Labour Court
Established under the Labour Relations Act of 1995, the Labour Court serves as a pivotal institution dedicated to addressing disputes arising...
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CCMA
Navigating the CCMA and Bargaining. The Commission for Conciliation, Mediation, and Arbitration (CCMA) and related forums...
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