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Refusal to work does not always constitute a strike

In G4S Cash Solutions SA v Motor Transport Workers Union and Others, the employer required its employees to work on Sundays and on public holidays. The employees refused to do so because they were not given an increase in the remuneration for work on those days...

By Sipelelo Lityi and Stephanie Gonclaves 23 Jun 2016

Tribunal go-ahead for brewers' deal expected in July

The Competition Tribunal is expected to give the go-ahead to the Anheuser-Busch InBev and SABMiller merger in the first week of July, with some tweaking of the conditions imposed by the Competition Commission...

By Ann Crotty 9 Jun 2016

Employees to benefit from Telkom deal

In what it calls a "groundbreaking agreement" with labour unions, Telkom will set aside R750m for the 2017 financial year so as to give its employees incentives, and will also place...

By Thabiso Mochiko 8 Jun 2016

Amendments proposed to Unemployment Insurance Act

The proposed amendments to the Unemployment Insurance Amendment Bill...

By Mohsina Chenia and Niyaaz Abrahams 2 Jun 2016

Union's majority representation at a single branch affects national employer

In the case of Professional Transport and Allied Workers Union obo members vs Professional Aviation Services, the case decided whether a trade union is entitled to organisational rights in terms of sections 12 to 16 of the Labour Relations Act (LRA), after acquiring majority representation at a single branch of an employer...

By Andre van Heerden, Jacques van Wyk and and Staci J 27 May 2016

Compliance forms part of a company's reputation

Compliance with the South African laws and regulations is directly linked to a business's reputation and companies need policies in place to ensure adherence by employees, clients and suppliers...

19 May 2016

CCMA cases increase, giving rise to careful consideration on retrenchment

According to the CCMA, it has around 687 cases a day, which represents an increase of almost 23% over the past five years...

By Aadil Patel 18 May 2016

Defining 'reasonable accommodation' for people with disabilities

The Employment Equity Act and the revised BBBEE codes require businesses to employ more people with disabilities and not to claim that they are unable to accommodate people with disabilities. However, this should not cause an organisation 'unjustifiable hardship'.

By Hugo Pienaar and Roxanne Bain 17 May 2016

Professional negligence: when your lawyer lets you down

Possibly one of the worst betrayals is when a professional individual paid to look after your interests, neglects their duty in a way that leaves you physically, financially, emotionally or legally compromised...

Issued by Simpsons Attorneys 16 May 2016

Employee privacy vs employer protection

There have been several cases on the fairness of disciplinary action taken against employees for engaging in misconduct on social media platforms, with the popular defence being raised of the right to privacy, provided by the Constitution of the Republic of South Africa...

By Samiksha Singh and Zola Mcaciso 13 May 2016

Workplace equity policies must comply with employment equity legislation

Employers should ensure that they act in accordance with workplace equity policies and plans that comply with employment equity legislation...

By Hugo Pienaar and Roxanne Bain 13 May 2016

Clover workers strike in demand of union recognition

Workers demanding recognition of their trade union at JSE-listed dairy producer Clover on Thursday downed tools at the company's Clayville factory‚ in Midrand...

By Karl Gernetzky 3 May 2016

Determining when new employers substitute for old employers

Deciding at what point a new employer is substituted for an the old employer, in terms of a transfer in terms of section 197 of the Labour Relations Act is unclear from the legislation and must be determined on a case-by-case basis...

By Jacques van Wyk and Andre Van Heerden 29 Apr 2016

Labour Law Conference to address impact of national minimum wage

The 29th Annual Labour Law Conference, taking place 24-25 August 2016 at Emperors Palace, will discuss factors affecting youth employment, the role of trade unions and the question of the national minimum wage...

By Nicci Whitear-Nel 25 Apr 2016

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