Aadil Patel
SOUTH AFRICA
To be or not to be: In writing

To be or not to be: In writing[Aadil Patel] 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.

Posted 1 month ago | Like
Johan Botes
SOUTH AFRICA
Harvesting attention capital and reducing the risks of the frictionless workplace

Harvesting attention capital and reducing the risks of the frictionless workplace[Johan Botes] 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...

Posted 1 month ago | Like
Rosalind Davey
SOUTH AFRICA
How to make the digital world work for your business

How to make the digital world work for your business[Rosalind Davey] 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...?

Posted 2 months ago | Like
Gideon Gerber
SOUTH AFRICA
Amendments to labour relations legislation - National minimum wage, parental and adoption leave

Gideon Gerber[Gideon Gerber] 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...

Posted 4 months ago | Like (2)
Jacques van Wyk
SOUTH AFRICA
Disagreeing to agree: Does non-compliance constitute contempt of court?

Disagreeing to agree: Does non-compliance constitute contempt of court?[Jacques van Wyk] Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?

Posted 5 months ago | Like
Johan Botes
SOUTH AFRICA
Collective bargaining agreements are valid - whether or not all employees agree

Collective bargaining agreements are valid - whether or not all employees agree[Johan Botes] Protection of employment during business transfers is an integral piece in the employment law legal puzzle in many jurisdictions around the world...

Posted 6 months ago | Like
Johan Botes
SOUTH AFRICA
Leave judgment rustles employers

Leave judgment rustles employers[Johan Botes] 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...

Posted 9 months ago | Like
Jacques van Wyk
SOUTH AFRICA
Can you dismiss an employee who refuses to obey instructions?

Can you dismiss an employee who refuses to obey instructions?[Jacques van Wyk] 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...

Posted 9 months ago | Like
SOUTH AFRICA
How just one derogatory word can get you fired...

How just one derogatory word can get you fired...[Jonathan Goldberg] 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...

Posted 1 year ago | Like
Johan Botes
SOUTH AFRICA
Could Zuma approach the Employment Tribunal?

Could Zuma approach the Employment Tribunal?[Johan Botes] 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...

Posted 1 year ago | Like
Jacques van Wyk
SOUTH AFRICA
Pay discrimination on arbitrary grounds? Prove it.

Pay discrimination on arbitrary grounds? Prove it.[Jacques van Wyk] 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...

Posted 1 year ago | Like
Johan Botes
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...
©Micha Klootwijk [[www.123rf.com 123rf.com]]
[Johan Botes] "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." ...

Posted 1 year ago | Like
Johan Botes
SOUTH AFRICA
Varying decisions on bargaining agreements and cancellations

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

Posted 1 year ago | Like
SOUTH AFRICA
Labour Appeal Court overturns ruling on TES employees

Labour Appeal Court overturns ruling on TES employees[Lauren Salt] 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...

Posted 1 year ago | Like
Johan Botes
SOUTH AFRICA
Exchanging public holidays could increase South Africa's productivity

Exchanging public holidays could increase South Africa's productivity[Johan Botes] 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...

Posted 2 years ago | Like
Johan Botes
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?[Johan Botes] 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...

Posted 2 years ago | Like
Gavin Stansfield
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?[Gavin Stansfield] Following Gezani Isaac Masingi's unsuccessful application for the post of Municipal Manager of the Greater Giyani Municipality, Masingi sought to find out why...

Posted 2 years ago | Like
Johan Botes
SOUTH AFRICA
No country for racists

No country for racists[Johan Botes] May an employee who uttered racist statements be placed back into the same workplace...?

Posted 2 years ago | Like
Boris Dzhingarov
SOUTH AFRICA
Your legal rights if you have an injury at work - Monetary Library

Your legal rights if you have an injury at work[Boris Dzhingarov] 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...

Posted 2 years ago | Like
Johan Botes
SOUTH AFRICA
To command and obey - employer vs employee rights at the SABC

To command and obey - employer vs employee rights at the SABC[Johan Botes] 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...

Posted 2 years ago | Like