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...
Labour Law
Latest Labour and Employment Law News
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.
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...
Is security required when instituting review applications?
As a result of an amendment introduced by the Labour Relations Amendment Act, No 6 of 2014, a review application does not suspend the operation...
Plight of a black law graduate
We recently received this thought provoking letters from one of our readers. It raises many questions about transformation in the legal profession and brings to light the many challenges facing black law graduates.
Dear Sir/Madam
I bemoan the lack of transformation…
Provided By GoLegal
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
Restraints of trade: A useful guide for employers
A restraint of trade is an agreement between an employer and an employee, or a provision in an employment contract that restricts an employee from...
