Labour Law

This topic contains analyses and news with regards to employment legislation and case law, exploring employer and employee rights, employment contracts, employment equity, retrenchments and dismissals.

Catch me if you can – Resignation to avoid dismissal?

“You can’t fire me, I resign!” sounds like something one of Harvey Spectre’s clients might say. But if your employment relationship is not in Hollywood, but South Africa, what would the legal position be in respect of resignation to avoid dismissal? May …

Day Zero: The ever-looming crisis

The Western Cape is currently in the grips of the worst drought it has suffered in 100 years. Dams in the Western Cape are currently at an average 24.2% of capacity and Level 6B water restrictions are currently underway. This requires that businesses reduce their monthly…

Monitoring communications in the workplace

The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively …

What is one month’s notice?

The interpretation of a “month’s notice” in a termination clause and whether a qualifier, such as a “calendar month’s notice”, bears any significance, has been the subject of debate in our law for some time. In 2009, the court in SAMRO v Mphatsoe (SAMRO)…

Get to grips with the law on strikes

Strike action is an area of labour law where the stakes are high. The Labour Relations Amendment Bill, 2017 published on 17 November 2017, attributes a misalignment between the law on strikes and action taken by parties during industrial action, as the root cause …

Retirement: What does the labour law say?

When it comes to employees’ retirement, South African labour legislation does not make any provision for a retirement age. This subject is the most common one to be neglected or ignored by employers – especially where a retirement age was agreed upon in an employment…

Getting the disciplinary hearing right

In order to establish the conduct employers expect from their employees in the workplace, all employers must adopt disciplinary procedures (according to the Code of Good Practice Schedule 8.3(1)). These rules must be consistent and in larger businesses disciplinary…

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