Johan Botes is a director of Employment Law at Cliffe Dekker Hofmeyr, a business law firm specialising in employment law and labour relations. Johan is an internationally accredited
change management practitioner. He has a Master's Degree in Labour Law, and regularly appears in the CCMA, Bargaining Councils, Labour Court and High Court. Contact Johan on tel +27 (0)11 562 1124, fax F +27 (0)11 562 1795 or email .
Once a South African employee, always a South African employee

Does a South African citizen employed by a South African business in a foreign jurisdiction have a claim for unfair dismissal under the South African Labour Relations Act, 66 of 1995 (LRA)...?

By Johan Botes 19 Nov 2015 11:02

SABMiller employees may view takeover with apprehension

The decision by SABMiller's board to accept, in principle, the takeover bid made by the world's number one brewery (and SABMiller's largest competitor) Anheuser-Busch InBev may make the brewery's employees apprehensive...

By Johan Botes 14 Oct 2015 10:04

Texas restaurant fires pregnant manager after robbery

A Texas fast food restaurant has fired the store's manager after loosing $400 in a heist...

By Johan Botes 29 Apr 2015 12:57

MEC liable for damages after doctor's rape

An employee, who suffered the horrendous ordeal of being raped whilst on duty, is not precluded from suing her employer for damages.

By Johan Botes 13 Oct 2014 09:53

Employers do not enjoy special protection against claims of defamation

Can an employer be held liable for defamatory statements made about an employee? The High Court recently confirmed that it can but that an employer may rely on the standard defences to such a claim to escape liability.

By Johan Botes 8 Jul 2014 07:23

Alternatives to retrenchment

The latest Adcorp Employment Index (January 2014) indicates that the South African economy lost 36,290 jobs during January 2014. Unemployment, according to StatsSA, sits at 24.1% (or 4.8m people actively looking for work being unable to find jobs).

By Johan Botes 17 Feb 2014 09:42

Trade union liable for neglecting to prosecute members' claims

The Constitutional Court held (on 9 October 2013) that a trade union cannot avoid liability for its neglect to prosecute claims by its members merely because the union has a constitutional right to determine its own administration.

By Johan Botes 16 Oct 2013 07:08

Concern over increase in trade union applications

Late last week the Department of Labour expressed its concern regarding the dramatic increase in South African trade union applications. This expression of concern should be welcomed by the industrial community.

By Johan Botes 24 Jul 2013 14:45

Pay rise for taxi drivers and hospitality staff

The Minister of Labour has announced an increase in the minimum remuneration payable to employees engaged in either the taxi or the hospitality sectors. The salary increase is effective from 1 July 2013, and follows hot on the heels of the increase in the general Earnings Threshold communicated by the minister recently.

By Johan Botes 4 Jul 2013 07:24

Top 10 New Year's resolutions for employers

Here are some resolutions for 2013 for you that you, as an employer, may well find useful. Get them right now - and avoid any unpleasant surprises during the year.

By Johan Botes 31 Dec 2012 07:37

Regulating social networking in the workplace is essential

Employers who fail to introduce and manage a well-considered social networking policy in the workplace may soon be overtaken by competitors who have successfully managed to do so.

By Johan Botes 26 Aug 2011 13:34

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