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...
Jacques van Wyk 4 Nov 2019
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?
Jacques van Wyk 12 Sep 2019
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)...
Jacques van Wyk 14 Aug 2019
The Labour Court recently ruled on whether employees may approach said court to enforce a claim against a company under business rescue proceedings...
Jacques van Wyk 1 Aug 2019
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...?
Jacques van Wyk 25 Jul 2019
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.
Jacques van Wyk 2 Jul 2019
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...
Jacques van Wyk 24 Jun 2019
The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...
Jacques van Wyk 10 Apr 2019
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...
Jacques van Wyk 9 Jan 2019
Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?
Jacques van Wyk 8 Jan 2019
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...
Jacques van Wyk 11 Sep 2018
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...
Jacques van Wyk 15 Jan 2018
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...?
Jacques van Wyk 14 Dec 2015
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"...
Jacques van Wyk 19 Mar 2015
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.
Jacques van Wyk 29 Oct 2014
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.
Jacques van Wyk 4 Apr 2014
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.
Jacques van Wyk 13 Jan 2014
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.
Jacques van Wyk 12 Dec 2013
Should an employer use only national demographics when setting employment equity targets or should both national and regional demographics be taken into account?
Jacques van Wyk 14 Nov 2013