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Sandro Milo

Sandro Milo is a partner at Eversheds Sutherland's litigation group. He specialises in all aspects of litigation and arbitration, employment, and black economic empowerment law. Sandro is also an expert in the education sector and regularly advises tertiary institutions on the particular challenges facing this sector. He provides seminars and training to tertiary institutions, the Department of Education and his other clients on a wide variety of subjects.

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Articles by Sandro Milo

Resigning with immediate effect in the face of a disciplinary sanction to be imposed – A classic case of dodging the bullet, or not!

One of the oldest tricks in the book is for employees who are notified that they are to attend a disciplinary hearing is to resign with immediate effect. Employees hope that by doing so, they can avoid the consequences of being dismissed for misconduct and thus extricate…

Coronavirus – Rights and obligations of employers and employees

As coronavirus (CoVID-19) spreads in South Africa, employers and employees alike find themselves in unchartered territory. Fortunately, most jurisdictions, including South Africa, have well established legal principles (including the common law and legislation)…

Less remorse more punishment – NUM obo Vangile v Eskom

National Union of Mineworkers obo Vangile v Eskom Holdings SOC Ltd [2018] 5 BALR 534 (CCMA) What is an employer to do when it has (i)...

Is a fixed term contract really that fixed?

Currently employers believe that: if they prematurely terminate a fixed-term employment contract, they will have to pay the employee the remainder of contract; and they can only...

Fixed Term Contract

Sign on the dotted line

Employees wanting to pursue cases for unfair dismissal in either the CCMA or various Bargaining Councils typically kick-start the process by completing and signing the...

dispute referral

Is your workplace “a lonely hearts club?”

In Rustenburg Platinum Mines Limited v UASA obo Steve Pietersen the Labour Court, delivered a scathing judgment wherein it criticised a CCMA commissioner for taking...

sexual harassment

Desertion from the workplace – Who decides?

Employers are often confused as to when employees are deemed to have deserted the workplace. Should employers wait a mandatory number of days before declaring...

Manyi ordered to pay the money – Failure to follow retrenchment proceedings

Labour Court orders DSTV News Channel: Afro Worldview to follow retrenchment procedures after being shut down. It is well-known that employers are legally obliged to issue...

ConCourt endorses a “rational” war on racism

In the recent judgment of Duncanmec (Pty) Ltd v Gaylard N.O [2018] ZACC 29, the Constitutional Court observed that complaints of racism in the workplace...

Psychological disorders? Judgment of Ockert Jansen v Legal Aid South Africa

Unlike physical illnesses, psychological disorders are (somewhat) intangible and their physical manifestations are often limited to the manner in which the sufferer acts. This notion...

psychological disorders

A new Tobacco Bill and a workplace smoking ban: employers should review their smoking policies

In line with global trends the South African legislature has drafted the Control of Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”), which...

Close but no cigar – The importance of restraint of trade clauses

A useful reminder of the importance of restraint of trade clauses in employment agreements Oh, so you think you can prevent your employees from joining a...

restraint of trade

No restraint by which he is bound

Pacta sunt servanda is not something you are likely to hear Maggie from HR blurt out when you sign your employment contract. However, that peculiar...

Everybody’s fired! – Strike season

South Africa is well into strike season. The corporate and government environments are tense and emotions are running high. A number of trade unions and...

derivative misconduct

The Constitutional Court gives the final word on Labour Brokers

On 26 July 2018 the Constitutional Court handed down its long-awaited judgment in the Assign Services matter, providing the final say on the correct interpretation...

temporary employment

Operational options occasionally open to employers

The recent case of National Union of Metalworkers of South Africa (NUMSA) and Aveng Trident Steel (Aveng) has finally (at least for now) settled the...

Operational Requirements

Does insourcing trigger employee transfer obligations in South Africa?

Pursuant to a nationwide protest in the tertiary education environment throughout South Africa, many Universities succumbed to the demands of protestors to “insource” certain services...

Labour Brokers & Clients: Assigned roles of employers reconsidered by the Labour Appeal Court

The leading case on the use of labour brokers has, until now, been the Labour Court’s decision in Assign Services (Pty) Ltd v Krost Shelving...

Summary dismissal and witchcraft in the workplace

The commissioner in the recent case of National Sugar refining and Allied industries Union obo Mngomezulu v Tongaat Hulette Sugar Ltd [2016] 11 BALR 11 BALR...

Witchcraft in the workplace

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