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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

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

Grové Steyn, managing director of Meridian Economics
Energy transition's impact on jobs needs standardised metrics

In March this year the National Union of Metal Workers went to court to prevent the energy minister from signing the much-delayed renewable energy purchase agreements on the basis that there would be huge job losses...

By Nicci Botha 20 Jul 2018

#SourceAfrica2018: Why Africa's clothing sector could lead in responsible sourcing
#SourceAfrica2018: Why Africa's clothing sector could lead in responsible sourcing

Whether you are a retailer, brand or manufacturer, the need to proactively manage social compliance issues in your supply chain has never been greater...

By Lauren Hartzenberg 6 Jul 2018

A South African's guide to moving to and making it in Malta: The propaganda of optimism
A South African's guide to moving to and making it in Malta: The propaganda of optimism

If South Africa is reality, then Malta is wonderland. Or vice versa, as I've discovered on a visit back to the old country...

By Marcus ‘The Maltese Falcon’ Brewster 15 Jun 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

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