When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a…
On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees…
A recent case decided by the South African High Court has examined the curious interplay of an employee’s rights as they arise from both the written contract of employment and, at the same time, labour…
In common law employers and employees have the obligation to treat each other fairly and within the law. …
At a hearing arranged to discipline an employee both parties are entitled to bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses…
The Code of Good Practice: Dismissal (The Code) imposes a number of requirements on an employer who is contemplating dismissing an employee for misconduct. Three of these requirements are: …
It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own…
A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never…
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