Employee misconduct & investigations – Why investigate an employee?
When an employer has reason to believe that an employee has committed serious misconduct it may be necessary to conduct an investigation prior to commencing...
Tag: Unfair Dismissal
SABC judgment raises important employment law issues
During the last two days, the Labour Court judgment in the matter of Solidarity and Others v The South African Broadcasting Corporation (“SABC”) (case no....
Labour Court gives green light to “Garden Leave” clauses in employment contracts
At first glance of the term “garden leave” you may be forgiven for believing it to be a form of therapeutic or restorative benefit meant...
The pay differential war – Equal pay for equal work
On 19 April 2016 the Labour Court (Court) handed down judgment in one of the first appeals to be decided in terms of the newly...
Selection criteria for retrenchment: The fair and objective requirement
One of the issues an employer is obliged to consult on during a potential retrenchment process is the selection criteria to be applied when determining...
A case of mistaken identity – Social media & recruitment
The story of Ms R.A. of Tampa Bay, USA, is a worrying example of how using social media and the web for recruitment purposes may...
New employer bears potentially unforeseen risk of review
Employers looking to acquire a business as a going concern need to be mindful of any existing labour disputes or arbitration awards in this business...
Mutual separation agreements: Caveat subscriptor
In many cases, and for various reasons, an employer and employee will choose to conclude a mutual separation agreement, bringing to an end an employment...
Employees rights under a new employer
Section 197 of the Labour Relations Act, No 66 of 1995 (LRA) provides that if a transfer of business takes place, all the rights and...
Is a candidate attorney an employee?
What is an employee?
I recently read a letter titled the ‘Protection of candidate attorneys’ and it made me wonder whether article clerks / candidate attorneys and the agreements they enter into with principals, fall under the definition and protection of the Labour…
Provided By Legal&Tax
