Jacques van Wyk

Director in Labour and Employment Law: Werksmans Attorneys
Location:South Africa

Profile

Jacques van Wyk is a director in Labour and Employment Law at Werksmans Attorneys. He was named as a recommended lawyer in Labour & Employment by the Legal500 (2010-2012), and co-authored 'Labour Law in Action - A Handbook on the new Labour Relations Act - 1997' with Frances Anderson. Jacques specialises in commercial employment transactions arising during mergers and acquisitions, corporate restructures, executive employee terminations of employment, drafting employment contracts and letters of appointment; disciplinary codes and procedures; and grievance procedures.
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 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

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?

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?

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?

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?

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

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

#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?

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

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

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

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

Video evidence in arbitration proceedings must be authentic and relevant

In terms of section 138(1) of the Labour Relations Act 66 of 1995 (as amended) a "commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities"...

By Jacques van Wyk 19 Mar 2015

Draft Code of Good Practice on equal pay for work of equal value

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value ('Draft Code') on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014

Draft Code on equal pay available for comment

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value (Draft Code) on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014

Dismissals must be based on fair reasons

Despite the allowance that dismissals for poor performance during or on the expiry of the probationary period may be based on less compelling reasons than would be required after the probationary period, the principle that dismissals must be based on fair reasons still stands.

By Jacques van Wyk 4 Apr 2014

EE not an absolute bar to appointment of non-designated candidates

The Supreme Court of Appeal, in rejecting the decision of the Labour Appeal Court, found that the employee in this case had been unfairly discriminated against by being denied an opportunity for promotion where no other suitable candidate, aside from herself, was present for the position.

By Jacques van Wyk 13 Jan 2014

Whether reinstatement awards prescribe

Once an employee has proved that he or she was dismissed unfairly during arbitration proceedings then the arbitrator may make an order for reinstatement or compensation. However, if the employer takes the order on review to the Labour Court then the question arises whether prescription continues to run against the order while the review process is underway.

By Jacques van Wyk 12 Dec 2013

Employment equity: importance of regional demographics

Should an employer use only national demographics when setting employment equity targets or should both national and regional demographics be taken into account?

By Jacques van Wyk 14 Nov 2013

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