Since Uber’s introduction to the world, there has been a heated debate over whether Uber Drivers (“Drivers”) constitute employees or independent contractors, not only in...
Introduction
The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act in 2015...
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 of section 198A(3)(b) of the Labour Relations Act (“the LRA”).
The section provides that an employee…
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...
Employers may lawfully terminate an employment relationship on the basis of operational requirements. In terms of s189(1)(a) of the Labour Relations Act, 1995, employers must...
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of Discovery Health Limited and Commission for...
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...
Strike violence amounts to the abuse of the right to strike and is the antitheses of constitutional values. Much has been written about strike violence...
Arbitration proceedings frequently become acrimonious and hostile. The manner in which the proceedings progress, however, will not affect the relief granted by a commissioner. In...
Recent strikes and protests regarding South Africa’s new national minimum wage have brought to the fore the challenge faced by those who were tasked with...