1. Home
  2. Employee Law

Employee Law

Employee Law
Highest Court, in its first judgment of the new decade, upholds the principle of majoritarianism in retrenchments

Highest Court, in its first judgment of the new decade, upholds the principle of majoritarianism in retrenchments

​In a landmark judgment*, the Constitutional Court has upheld the principle of majoritarianism inherent in sections 23(1)(d) and 189(1) of the Labour Relations Act 66 of 1995 (LRA). …

Employee Law
Can an employer rely on the termination clause in a contract of employment to dismiss an executive employee without holding a disciplinary hearing?

Can an employer rely on the termination clause in a contract of employment to dismiss an executive employee without holding a disciplinary hearing?

It has been almost a year since Old Mutual (OM) terminated the employment of its former CEO, Mr Peter Mthandazo Moyo (Moyo). After investigating an alleged conflict of interest that involved Moyo and another corporate…

Employee Law
An individual employee may not rely on section 187(1)(c) of the LRA

An individual employee may not rely on section 187(1)(c) of the LRA

​Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA) provides that it will be automatically unfair to dismiss a group of employees if they refuse to accept a demand in respect of any…

Employee Law
New parental leave laws and UIF benefits: dispelling the confusion

New parental leave laws and UIF benefits: dispelling the confusion

Following a period of legal limbo, the government notified employers that the parental leave laws that were promulgated in November 2018 would take effect from 1 January 2020. …

Employee Law
D-Day is here: SA expats in for a bumpy ride with SARS

D-Day is here: SA expats in for a bumpy ride with SARS

South African legislation governing expatriate tax exemption is set to change dramatically from 1st March 2020, affecting South Africans worldwide. This includes anyone who has permanently settled in another country. …

Employee Law
Why untaken annual leave can cost you actual Rands and cents

Why untaken annual leave can cost you actual Rands and cents

Everything you read about employee performance makes the connection between happy, healthy people and a happy, health bottom line. …

Employee Law
Parental benefits, in terms of the Basic Conditions of Employment Act, Effective 1 January 2020

Parental benefits, in terms of the Basic Conditions of Employment Act, Effective 1 January 2020

On 23 December 2019 a proclamation was published in terms of which sections 1, 2, 3, 4, 5, 6, and 7 of the Labour Laws Amendment Act 10 of 2018 (“LLAA”) became effective as of…

Employee Law
Why could dismissing sick employees be dangerous?

Why could dismissing sick employees be dangerous?

Going the extra mile might not be good enough …

Employee Law
Constitutional Court determines the fate of Labour Brokers

Constitutional Court determines the fate of Labour Brokers

The deeming provision in s198A(3)(b)(i) of the Labour Relations Act (LRA) provides that an employee of a Temporary Employment Service (TES) not performing a temporary service for the client is “deemed to be the employee…

Employee Law
How honest employees become criminals

How honest employees become criminals

The incidents in information security might occur due to the fault of the most respectable employees. We have been working on the development of corporate systems to prevent information leakage – DLP (Data Loss Prevention)…

Select your currency
USD United States (US) dollar