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Let's get constructive about constructive dismissal - you can still be fired
Let's get constructive about constructive dismissal - you can still be fired

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention...

By Johan Botes 26 Jan 2021

It's leave, Karen, not a savings plan
It's leave, Karen, not a savings plan

Whenever an employee's services are terminated, or an annual leave cycle ends, there will be at least two people arguing about whether the employee's old, untaken annual leave could be accumulated and paid out...

By Johan Botes 10 Dec 2020

Limited duration employment contracts - unlimited hassles when not properly managed
Limited duration employment contracts - unlimited hassles when not properly managed

Employers use limited duration contracts (LDCs) to create certainty and limit legal risk in respect of staffing solutions. Appointing an employee for a fixed period or defined project allows an employer to plan for the employee's exit in advance. But what happens when the work is not completed by the end date...?

By Johan Botes 30 Sep 2020

SME Recruitment: A guide to employment contracts
SME Recruitment: A guide to employment contracts

The employment contract is a critical document that regulates the terms and conditions of employment between the employer and the employee...

By Siobhan Zurnamer 27 Jul 2020

Alternatives to dismissal - contemplating retrenchments post Covid-19
Alternatives to dismissal - contemplating retrenchments post Covid-19

The issue of when an employer should explore alternatives to retrenchment has never been more relevant than now, as businesses begin to respond to the impacts of Covid-19 on their operations...

By Johan Botes 15 Jun 2020

Q&A - pressing issues employers are addressing in light of the coronavirus outbreak
Q&A - pressing issues employers are addressing in light of the coronavirus outbreak

Johan Botes, partner and head of the Employment & Compensation Practice at Baker McKenzie Johannesburg, addresses a series of questions many South African employees and employers are asking amid the the coronavirus (Covid-19) outbreak...

By Johan Botes 19 Mar 2020

UIF parental benefits effective... but what about paternity leave?
UIF parental benefits effective... but what about paternity leave?

On 29 October 2019, a proclamation was published in terms of which sections 8(a)(cA), 11, 15 and 16 of the Labour Law Amendment Act 10 of 2018 (LLAA) become effective as of 1 November 2019...

By Jacques van Wyk 4 Nov 2019

When do consultancy services become a taxable fringe benefit?
When do consultancy services become a taxable fringe benefit?

The Supreme Court of Appeal recently had to decide whether tax consultants contracted by BMW South Africa to facilitate the tax compliance of the company's expatriate employees constituted a taxable fringe benefit for the employee...

By Graeme Palmer 23 Sep 2019

When completion of probation doesn't automatically mean permanent placement...
When completion of probation doesn't automatically mean permanent placement...

Is an employee considered permanent at the end of the probation period if the employment contract requires such confirmation and the employer does not explicitly verify permanency?

By Jacques van Wyk 12 Sep 2019

Not in my name - gender violence in the workplace
Not in my name - gender violence in the workplace

Employers can play a critical role in stigmatising violence against women and ensuring that perpetrators are ostracised from civilised society. No employer should have any doubt about its ability to dismiss any employee who assaults a female colleague, client or supplier...

By Johan Botes 10 Sep 2019

Should reinstatement always be awarded after unfair dismissal?
Should reinstatement always be awarded after unfair dismissal?

The Labour Appeal Court recently had to consider whether reinstatement must always be awarded where a dismissal is found to be substantively unfair, in the case of Afgen (Pty) Ltd v Ziqubu (2019)...

By Jacques van Wyk 14 Aug 2019

Will the Labour Court enforce an employee claim against a company in business rescue?
Will the Labour Court enforce an employee claim against a company in business rescue?

The Labour Court recently ruled on whether employees may approach said court to enforce a claim against a company under business rescue proceedings...

By Jacques van Wyk 1 Aug 2019

Can unions claim organisational rights after recruiting ineligible members?
Can unions claim organisational rights after recruiting ineligible members?

For the purposes of being awarded organisational rights, is a trade union allowed to include employees who are not eligible to be members in terms of its constitution...?

By Jacques van Wyk 25 Jul 2019

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

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

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

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

Impimpi Alive - whistleblowing system for minimum wage defaulters
Impimpi Alive - whistleblowing system for minimum wage defaulters

The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...

By Jacques van Wyk 10 Apr 2019

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

Risks of the virtual workplace and how to minimise them
Risks of the virtual workplace and how to minimise them

More and more businesses are expanding into a virtual world, which has advantages for employers and employees alike, but challenges and risks too...

By Rosalind Davey 7 Mar 2019

Why your lack of productivity could be tantamount to petty theft
Why your lack of productivity could be tantamount to petty theft

Productivity is often only measured in blue-collar environments, where staff clock in and out at specific times, and where very specific quotas are to be met within those times...

By Khuthalani Khumalo 11 Feb 2019

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

#RecruitmentFocus: What you need to know about the new National Minimum Wage Act
#RecruitmentFocus: What you need to know about the new National Minimum Wage Act

The National Minimum Wage Act came into effect on 1 January 2019, and provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission...

By Jacques van Wyk 9 Jan 2019

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

#BizTrends2019: Out with the old, in with the new!
#BizTrends2019: Out with the old, in with the new!

Large corporates and multinationals are keeping a close eye on developments from the Department of Home Affairs. 2019 promises a number of changes in the Immigration Act which will impact the way business can attract and retain expat resources...

By Marisa Jacobs 8 Jan 2019

#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019
#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019

In this age of overflowing inboxes, diaries filled with meetings sandwiched between conference calls and yet another round of performance assessments, managing time and focus requires Herculean effort...

By Johan Botes 7 Jan 2019

#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?
#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?

As we head into the holiday season, any number of retail and hospitality employees will be expected to work overtime during this period. So what should they, as well as HR, know about their legal rights in this regard...?

By Shan Radcliffe 23 Nov 2018

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

Defining the lines for automatic transfer of employees
Defining the lines for automatic transfer of employees

Do employees automatically transfer from an old service provider to a new service provider when the client replaces the one with the other...?

By Johan Botes 4 Oct 2018

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

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