Legal

Why should employers protect themselves?

In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government.

What are the new measures to bring order to strikes?

A new code of good practice governing various aspects of strike action came into effect on 1 January 2019.

When is dismissal fair?

In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had

How is unfair dismissal compensation calculated?

Section 194 of the Labour Relations Act (LRA) allows arbitrators and judges to grant employees compensation for unfair dismissal where reinstatement is not appropriate.

When is a third party liable for labour law transgressions?

Where two entities are conducting themselves as one enterprise they may, under certain circumstances, be held liable for ill treatment of each other’s employees.

Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning?

It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship.

Gender pay legislation around the world

The World Economic Forum’s most recent Global Gender Gap Report concludes that the gender gap in pay, participation and leadership is widening for the first

What you need to know about the Basic Conditions of Employment Bill

The Basic Conditions of Employment Amendment Bill (BCE Bill) introduces amendments to the Basic Conditions of Employment Act (75 pf 1997 (BCEA) consequent to the enactment of the proposed National Minimum Wage Bill (NMW Bill).

Overview of South Africa’s current labour law developments

Numerous pieces of labour legislation are currently in the process of becoming law in South Africa.

It only counts as ‘sexual harassment’ during working hours

While the rules around sexual harassment may seem obvious – there are actually many grey areas and, as a result, many myths which should be demystified.

If you absolutely must retrench, here’s how

Times are tough. A number of factors such as the increasing petrol price, the impending new minimum wage and ever more competitive business landscape,

Can your employer make you re-apply for your job?

In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity or as a result of the employer’s operational requirements.