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SOUTH AFRICA

If best candidate declines the job, is second best entitled to be appointed?
If best candidate declines the job, is second best entitled to be appointed?

In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to decide whether the applicant, the second best candidate, was entitled to be appointed to a vacant position because the best candidate declined the offer.

By Jacques van Wyk 2 Jul 2019

SOUTH AFRICA

Can false allegations be grounds for dismissal?
Can false allegations be grounds for dismissal?

In the recent case of Numsa obo Baloyi and Others v O-Line (2019), the Commission for Conciliation, Arbitration and Mediation (CCMA) had to determine whether an employee who makes a false allegation of racism against another employee can be dismissed...

By Jacques van Wyk 24 Jun 2019

SOUTH AFRICA

To be or not to be: In writing
To be or not to be: In writing

In the recent case of Numsa obo Nomanyane and another v Grupo Antolin (Pty) Ltd, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

By Aadil Patel 7 May 2019

SOUTH AFRICA

Harvesting attention capital and reducing the risks of the frictionless workplace
Harvesting attention capital and reducing the risks of the frictionless workplace

The evolution of the flexible age means that the business world is desperate to eliminate friction, seeking to remove any obstacles that stand in the way of maximising customer satisfaction, attracting the best talent and improving operational efficiency. This desire for a frictionless environment, however, has given rise to new challenges...

By Johan Botes 30 Apr 2019

SOUTH AFRICA

How to make the digital world work for your business
How to make the digital world work for your business

We frequently hear terms such as the 'digital workplace', the 'internet of things', 'automation in the workplace' and the 'future world of work' bandied about. But what does all of this mean for your business...?

By Rosalind Davey 4 Apr 2019

SOUTH AFRICA

Gideon Gerber
Amendments to labour relations legislation - National minimum wage, parental and adoption leave

As you may have noted in recent media reports, the President of South Africa, Cyril Ramaphosa, signed the new national minimum wage statute into law effective from 1 January 2019...

By Gideon Gerber, Issued by SERR Synergy 22 Jan 2019

SOUTH AFRICA

Disagreeing to agree: Does non-compliance constitute contempt of court?
Disagreeing to agree: Does non-compliance constitute contempt of court?

Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?

By Jacques van Wyk 8 Jan 2019

SOUTH AFRICA

Collective bargaining agreements are valid - whether or not all employees agree
Collective bargaining agreements are valid - whether or not all employees agree

Protection of employment during business transfers is an integral piece in the employment law legal puzzle in many jurisdictions around the world...

By Johan Botes 21 Nov 2018

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

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

SOUTH AFRICA

Fiona Leppan
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

SOUTH AFRICA

Ruling on prescription of arrear wage claims
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

SOUTH AFRICA

Contractual consistency is key in employee polygraph tests
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

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