SAA retrenchment process heads to Labour Appeal Court following minor victory for workers

On Friday 8 May 2020, Labour Court Judge Andre Van Niekerk delivered a devastating blow to the national airline’s “premature” retrenchment process which is set...

by Letwaba Malesela

SAA retrenchment process heads to Labour Appeal Court following minor victory for workers

LAC confirms that disciplinary charges are not criminal charges

Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution. Procedures such as these are not what is...

by Neil Coetzer

LAC confirms that disciplinary charges are not criminal charges

From #metoo to #aminext – Addressing gender-based sexual violence in the workplace

Earlier this month, #AmINext flooded social media as women in South Africa drew attention to the magnitude of gender-based sexual violence, rape and murder taking...

by Nadine Mather

From #metoo to #aminext – Addressing gender-based sexual violence in the workplace

Admitting hearsay evidence: The legal principles

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is...

by Hlengiwe Mahlangu

Admitting hearsay evidence: The legal principles

Settlement Agreement founded on a common mistake is invalid

The Labour Appeal Court (LAC) has emphasized two important points of law relating to the validity of settlement agreements and the organizational rights of minority...

by Lusanda Raphulu

Settlement Agreement founded on a common mistake is invalid

Play by the book: Unions prohibited from recruiting outside the scope of their constitutions

In Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v CCMA and Others (DA8/2018) [2019] ZALAC 39, the Labour Appeal Court was tasked...

by Gillian Lumb

Play by the book: Unions prohibited from recruiting outside the scope of their constitutions

Time to bail out? – Dismissal for “Operational Incapacity”

Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business...

by Tanya Mulligan

Time to bail out? – Dismissal for “Operational Incapacity”

No work on public holidays – A gift from the Labour Appeal Court

In terms of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA“), all employees are entitled to a minimum number of days leave per...

by Bradley Davies

No work on public holidays – A gift from the Labour Appeal Court

The race card: Not the joker in the pack

In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC),...

by Michael Yeates

The race card: Not the joker in the pack

#Metoo in the workplace: How to prevent and address sexual harassment

Introduction Awareness of sexual harassment in the workplace has become particularly pronounced over recent years due to rising awareness on social media platforms following the #METOO...

by Jacques van Wyk

#Metoo in the workplace: How to prevent and address sexual harassment

Dead men tell no tales – But can they be reinstated?

It is trite in employment law that reinstatement is the primary remedy for unfair dismissal under the Labour Relations Act 66 of 1995 as amended...

by Neil Coetzer and Jessica Fox

Dead men tell no tales – But can they be reinstated?

Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud

Employers tend to charge employees who have received financial gain from misconduct with dishonesty or fraud even in cases where the “benefit” can be attributed...

by Thabang Rapuleng and Tamsanqa Mila

Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud

The right to fair labour practices – Employers are not without remedies

Employers often complain that our employment laws are skewed in favour of employees. In support of their contention, they often point to the fact that...

by Neil Coetzer and Tanya Mulligan

The right to fair labour practices – Employers are not without remedies

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) run an internal disciplinary hearing of one of its employees, (ii) found him/her guilty of the charges and, (iii) when it comes to sanction,…

Provided By Eversheds Sutherland

by Sandro Milo

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 are rising rapidly and that the courts have a critical duty in the fight against racism, which they must play firmly…

Provided By Eversheds Sutherland

by Sandro Milo and Fundile Sangoni