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Leave judgment rustles employers
Leave judgment rustles employers

Is an employer bound by its own changes to its leave policy? What happens when the employer disputes whether the changes were ever implemented, and there is no witness to gainsay claims of what happened...

By Johan Botes 17 Sep 2018

Can you dismiss an employee who refuses to obey instructions?
Can you dismiss an employee who refuses to obey instructions?

In the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC, the CCMA had to consider whether the employees were fairly dismissed for gross insubordination...

By Jacques van Wyk 11 Sep 2018

Strike action leaves SA in the dark
Strike action leaves SA in the dark

Eskom left large chunks of the country in the dark on Thursday night when it implemented stage one load shedding, blaming the black out on sabotage by striking workers...

By Nicci Botha 15 Jun 2018

How just one derogatory word can get you fired...
How just one derogatory word can get you fired...

Using derogatory language is an issue that has been in the public domain quite frequently. The Constitutional Court has confirmed that this type of conduct is completely unacceptable...

By Jonathan Goldberg 4 Jun 2018

You can't fire me, I resign!
You can't fire me, I resign!

The past year has seen many high level execs resign rather than face a disciplinary inquiry. This raises the question: does a company have any right to reject a 'resignation with immediate effect' and make the employee go through the disciplinary process...?

By Shan Radcliffe 19 Mar 2018

Could Zuma approach the Employment Tribunal?
Could Zuma approach the Employment Tribunal?

With Jacob Zuma finally resigning from the presidency following pressure from the ANC NEC, the question arises on his possible legal remedies should he feel aggrieved at being compelled to vacate his office and official residence...

By Johan Botes 15 Feb 2018

#BizTrends2018: Attorneys on hand - trending legal apps
#BizTrends2018: Attorneys on hand - trending legal apps

These days there really is an app for almost everything and everyone - including an array about and for the legal industry. Here's a quick look at trending legal apps for the year...

By Shan Radcliffe 31 Jan 2018

Pay discrimination on arbitrary grounds? Prove it.
Pay discrimination on arbitrary grounds? Prove it.

To succeed with a claim of unfair discrimination based on an arbitrary ground, an employee would need to adduce evidence or establish link between the arbitrary ground and the differentiation complained of...

By Jacques van Wyk 15 Jan 2018

#BizTrends2018: Five trends in employment law we can expect in 2018
#BizTrends2018: Five trends in employment law we can expect in 2018

As we launch into 2018, here are a handful of trends we'll be seeing in the workplace this coming year...

By Johan Botes 8 Jan 2018

All the King's Horses and all the King's Men could not put the contract together again...
All the King's Horses and all the King's Men could not put the contract together again...

"When I use a word," Humpty Dumpty said, in a rather scornful tone," it means just what I chose it to mean - neither more, neither less." ...

By Johan Botes 3 Jan 2018

Why companies don't always test for alcohol... and why they should
Why companies don't always test for alcohol... and why they should

Although alcohol and substance testing forms part of the health and safety policies and procedures in many industries, there are still a great number of organisations that do not employ the same cautionary practice, potentially resulting in significant loss to the business...

By Rhys Evans 13 Nov 2017

Varying decisions on bargaining agreements and cancellations
Varying decisions on bargaining agreements and cancellations

A curious statutory effect of collective agreements is that a collective bargaining agreement amends the contracts of employment of individual employees...

By Johan Botes 15 Aug 2017

Labour Appeal Court overturns ruling on TES employees
Labour Appeal Court overturns ruling on TES employees

The Labour Appeal Court has ruled on the interpretation of section 198A of the Labour Relations Act, deciding that the client of the temporary employment service (TES) becomes the sole employer of the TES employees...

By Lauren Salt 13 Jul 2017

Exchanging public holidays could increase South Africa's productivity
Exchanging public holidays could increase South Africa's productivity

South Africa's ranking on apparent labour market inflexibility (129th out of 138 countries according to the World Economic Forum Competitiveness rankings 2016/2017) suggests that businesses perceive South Africa to be a rigid operating environment...

By Johan Botes 28 Apr 2017

Kheng Ho Toh © –
Gender equality as a business imperative

A view of how seriously South African companies are taking the challenge of women being able to shape - not just fit into - the economy...

By Robyn de Villiers 19 Apr 2017

Could your boss having an affair with your spouse be deemed a constructive dismissal?
Could your boss having an affair with your spouse be deemed a constructive dismissal?

Employers meddling in the private affairs of their employees have been the topic of many a discussion in the past. However, it appears that some employers take their right to interfere in the private conduct of employees a step too far...

By Johan Botes 6 Mar 2017

Common mistakes employees make during disciplinary hearings
Common mistakes employees make during disciplinary hearings

Whether it's a result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and obligations when faced with allegations of wrongdoing in the workplace...

By Johan Botes 21 Feb 2017

Didn't get the job? Do public sector candidates have the right know why?
Didn't get the job? Do public sector candidates have the right know why?

Following Gezani Isaac Masingi's unsuccessful application for the post of Municipal Manager of the Greater Giyani Municipality, Masingi sought to find out why...

By Gavin Stansfield 17 Jan 2017

However you word it, Uber is a taxi company... UK ruling says
However you word it, Uber is a taxi company... UK ruling says

New technology has been disrupting traditional models of doing business for many years and legislation has struggled to keep up...

By Sharon Snell 8 Dec 2016

No country for racists
No country for racists

May an employee who uttered racist statements be placed back into the same workplace...?

By Johan Botes 9 Nov 2016

Your legal rights if you have an injury at work
Your legal rights if you have an injury at work

There have been many cases of workplace injury victims suffering unnecessarily for extended periods of time, only because they didn't know that they had extensive legal rights at their disposal...

By Boris Dzhingarov, Issued by Monetary Library 2 Nov 2016

How to tax cellphones in the workplace
How to tax cellphones in the workplace

The use and ownership of mobile devices and computers in the workplace brings a range of implications for payroll calculations, as well as the employee's take-home pay...

By Rob Cooper 20 Sep 2016

To command and obey - employer vs employee rights at the SABC
To command and obey - employer vs employee rights at the SABC

The current situation at the SABC brings into question the rights of employers to issue commands and the duty of employees to obey and carry out such instructions...

By Johan Botes 7 Jul 2016

CCMA cases increase, giving rise to careful consideration on retrenchment
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

Class action could suck the breath out of the mining industry
Class action could suck the breath out of the mining industry

Although any sort of outcome is still years off, the high court ruling on the silicosis class action will no doubt have mining houses panicked...

By Nicci Botha 16 May 2016

Understanding the legalities of overtime
Understanding the legalities of overtime

The Basic Conditions of Employment Act sets out some clear, realistic laws governing overtime that all employers must heed. This legislation does a good job of balancing the rights of employees and the needs of businesses to avoid contention between employers and employees...

By Madelein Taljaard (van der Watt) 21 Apr 2016

Constitutional Court rules against lockouts
Constitutional Court rules against lockouts

In the case of the Transport and Allied Workers Union of South Africa (TAWUSA) vs Putco, the Constitutional Court has ruled that the Labour Relations Act does not permit an employer to lockout the members of a trade union that are not a party to a bargaining council, where the dispute has arisen and has been referred for conciliation...

By Aadil Patel 15 Mar 2016

Boris Dzhingarov
Overtime lawsuit - A basic guide

The Fair Labor Standards Act or FLSA is the federal law that deals with cases of unpaid overtime work. If you want to file an unpaid overtime lawsuit, you must be able to prove three things...

By Boris Dzhingarov, Issued by Monetary Library 7 Mar 2016

Boris Dzhingarov
How to successfully present your claim in cases of employment discrimination?

Although we are living in a digital age, the fact is that discrimination in the workplace is still present. Employment discrimination makes a work atmosphere in which the employees are exposed to discrimination...

By Boris Dzhingarov, Issued by Monetary Library 26 Feb 2016

Disciplining employees for off duty misconduct
Disciplining employees for off duty misconduct

While many employers have social media policies in place, the extent to which these policies can be relied upon to justify disciplinary action taken against an employee will depend largely on, among other things, whether the employee knew or ought reasonably to have known about the policy...

By Rosalind Davey 16 Feb 2016

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