COVID-19 may not be killing your Employees, but it could be killing your business. Is Retrenchment an instant option?

Introduction South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently uncertain, particularly in respect of what the consequences…

Provided By SchoemanLaw Inc

by Fadia Arnold

Legal implications of retrenchments in light of the sale of a business

Employees are often faced with the fear of retrenchment when a company is being sold or when a company embarks on a restructuring exercise. The...

by VDMA Attorneys

Legal implications of retrenchments in light of the sale of a business

Dismissal due to the breakdown of the trust relationship

Issue Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable. Summary Where an employee...

by Jacques van Wyk and Andre Van Heerden

Dismissal due to the breakdown of the trust relationship

Individual employees cannot rely on section 187(1)(c) of the LRA to claim that their dismissals are automatically unfair

Van Niekerk J recently held that s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), which provides that a dismissal is automatically unfair if the reason is ‘a refusal by employees to accept a demand in respect of any matter of mutual interest between them and …

Provided By Eversheds Sutherland

by Nadia Froneman

Conciliation at the Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”) is a dispute resolution body which was established in terms of the...

by Fadia Arnold

Can you be dismissed for secretly recording your boss?: UK Employment Tribunal weighs in

How often have you been in a meeting and decided to press “record” on your cell-phone to avoid having to take copious notes? Have you...

by Brian Patterson

Can you be dismissed for secretly recording your boss?: UK Employment Tribunal weighs in

Protected Disclosures Act 26 of 2000

Introduction This article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection...

by Charlotte Clarke

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

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

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be,...

by Hassan van Wyk

Can employees be dismissed for refusing to accept new terms and conditions of employment?

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

A recent landmark decision of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration (“CCMA”) commissioners stripped...

by Carmen Abboy and Irvin Lawrence

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

Reinstatement: A remedy for unfair dismissal and unfair labour practices

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there...

by Abrahams & Gross

Reinstatement: A remedy for unfair dismissal and unfair labour practices

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?

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)...

by Sandro Milo

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...

by Sandro Milo and Rowan Bauer

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...

by Sandro Milo and Kirstie-Lynn Kerr

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...

by Tasso Anestidis and 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...

by Sandro Milo and Fundile Sangoni

The right to religion in the workplace – A careful balance between the right and the employer’s business requirements

South African workplaces are not immune to the winds of change blowing towards the direction of the constitutional project. The essence of this project is...

by Ndumiso Zwane and Bheki Nhlapho

The right to religion in the workplace – A careful balance between the right and the employer’s business requirements

Work permits, foreign employees and legal incapacity

The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of...

by Shahnaaz Bismilla and Neil Coetzer

Tag: Unfair Dismissal