HR Trends 2016

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Jurisdictional overlaps in labour matters

Recent cases underline that jurisdictional overlaps between the High Court and the Labour Court may occur in certain labour cases.

By Samiksha Singh and Katlego Letlonkane 4 Feb 2016 15:39

The effect of social media faux pas on employment relationships

Given the inappropriate, insensitive and racist content posted by social media users over the past few weeks, it has become quickly apparent that these comments may have an impact on the continuation of the employment relationship...

By Bradley Workman Davies and Kerry Badal 2 Feb 2016 11:37

Gareth Cliff case highlights contract cancellation perils

According to Ros Davey, a partner in Bowman Gilfillan Africa Group's Employment & Benefits Practice, the possible brand damage to employers that can flow from inappropriate social media use by their employees is frequently highlighted...

1 Feb 2016 11:15

Decision on large-scale retrenchments contrary to case precedent

The Constitutional Court has ruled on the proper interpretation of Section 189A of the Labour Relations Act (LRA) in the case of Steenkamp and Others v Edcon Limited and upheld the decision of the Labour Appeal Court...

By Jacques van Wyk and Andre van Heerden 28 Jan 2016 14:03

Dealing with employees' antisocial social media behaviour

While it may not be the conventional nature of an act of misconduct, the age of social media and technological advancement has changed the way in which we communicate and engage with other individuals and with the public...

26 Jan 2016 09:49

Retaining employment position after business restructuring

The decision to restructure a business rests with the employer, especially where there are no retrenchments that arise from it. Such discretion is only fettered by law and not by the possibility of reinstatement in cases pending during the time of the restructuring...

By Fiona Leppan 21 Jan 2016 11:52

Ruling on prescription of arrear wage claims

Claims for payment of arrear wages may prescribe sooner rather than later following a Labour Appeal Court judgement on the payment of arrear wages...

By Aadil Patel 11 Jan 2016 11:40

Focus on labour in platinum and car sectors

The struggling platinum industry will go into wage negotiations this year, while multiyear agreements in the car sector are due to be renegotiated...

By Karl Gernetzky 8 Jan 2016 06:48

Zimbabwe government workers vow to strike over late pay

Government workers in Zimbabwe vowed on Tuesday, 29 December, to go on strike in January after their salaries and annual bonuses were not paid in the latest sign of the country's economic woes...

31 Dec 2015 07:02

Contractual consistency is key in employee polygraph tests

Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?

By Jacques van Wyk 14 Dec 2015 14:17

A fresh look confirms national minimum wage would be good for South Africa

The million-dollar question at the heart of the proposed introduction of a national minimum wage in South Africa is its potential impact on the economy...

By Gilad Isaacs 11 Dec 2015 06:00

CCMA finds no obligation on employee to disclose prejudicial facts

In the recent case before the CCMA of Bhembe / IDT, the Commissioner had to consider whether the dismissal of an employee, for failing to disclose a pending criminal case involving her previous employer, was fair...

By Ndumiso Zwane 10 Dec 2015 14:13

Court rules replacement labour may be used only for duration of strike

The issue of whether an employer may continue to use replacement labour, which was employed during a lock out in response to a strike, after such strike has ended has been decided in a recent case...

By Jacques v Wyk, Andre v Heerden & Brittany Feldman 10 Dec 2015 08:26

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